Smt. Geeta W/o Harbhajan Ram vs Harbhajan Ram @ Haribhajan Ram

The instant revision petition has been filed by the petitioners

under Section 397 / 401 Cr.P.C. against the judgment dated 03-06-

2014 passed by the learned Additional District & Sessions Judge,

No.4, Jodhpur Metropolitan whereby the learned Judge has

dismissed the petitioners'' appeal against the judgment dated

14.02.2014, passed by the Metropolitan Magistrate, Jodhpur

Metropolitan whereby dismissing the petitioners'' application for

interim relief filed under Section 23 of the Protection of Women

from Domestic Violence, 2005 (hereinafter "the Act of 2005").

Learned counsel for the petitioners argued that the

petitioners being wife and children of respondent No.1--Harbhajan

Ram filed a petition under Section 12 of the Act of 2005.

Alongwith the main petition, a misc. application under Section 23

of the Act of 2005 was also filed but the learned trial court

wrongly dismissed the interim application on the ground that

marriage has not been proved and domestic relation are disputed.

Whereas as per provisions of the Act, there is no necessity to

prove the marriage between the parties only domestic relations

are to be looked while considering the application filed under the

provision of the Act of 2005. Along with petition, the petitioners

filed many documents as well as photographs, marriage card,

birth certificate, documents of hospital and school report cards of

children. The impugned orders are totally wrong and illegal and

against the provisions of law.

I have heard learned counsel for the petitioners and perused

the impugned orders passed by the learned courts below.

Both the learned courts below have dismissed the misc.

application filed under Section 23 of the Act of 2005 for grant of

interim relief during pendency of the main petition filed under

Section 12 of the Act of 2005.

I do not find any ground to interfere with the impugned

orders passed by the learned courts below at the intermediate

stage of the main proceedings under Section 12 of the Act of 2005

pending before the trial court.

However, it is directed to the learned trial Court to decide the

main petition filed under Section 12 of the Act of 2005 by the

petitioners expeditiously without being influenced by the

observations made in the impugned orders on the misc.

application filed under Section 23 of the Act of 2005 regarding

marriage and domestic relations between the parties.

The revision petition stands disposed of accordingly.