Crl.
Revision No.2408 of 2014 -1- In the High Court of Punjab and Haryana at Chandigarh Crl.
Revision No.2408 of 2014 Date of Decision: 8.8.2014.
Sunita .......Petitioner Versus Dinesh Deshwal @ DD and others ......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Ajay Shekhawat, Advocate for the petitioner.
**** SABINA, J.
Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 challenging the order dated 9.7.2014 whereby order dated 8.10.2013, was set aside and the Trial Court was directed to pass a fresh order on interim prayer moved by the petitioner.
I have heard the learned counsel for the petitioner and have gone through the record available on the file carefully.
In the present case, petitioner has filed application under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Case of the petitioner is that she got married to respondent No.1 on 13.12.2010.
However, after marriage, she was ill-treated and insulted by the respondents.
The Trial Court issued notice to the respondents but the same was received back unexecuted.
Consequently, the Trial Court Singh Gurpreet 2014.08.11 16:44 I attest to the accuracy and integrity of this document chandigarh Crl.
Revision No.2408 of 2014 -2- vide order dated 8.10.2013 granted ex parte interim order whereby respondents were restrained from creating any obstruction for the petitioner in entering her shared household.
Aggrieved against the said order, respondents preferred an appeal.
The Appellate Court vide the impugned order dated 9.7.2014 set aside the interim order passed by the Trial Court on 8.10.2013.
The Trial Court was directed to pass a fresh order on merits.
In the facts and circumstances of the present case, the impugned order does not call for any interference as the order passed by the Trial Court was an ex parte order and the Appellate Court, vide the impugned order, has merely directed the Trial Court to pass a fresh order on merits after hearing the parties.
No ground for interference by this Court is made out.
Dismissed.
(SABINA) JUDGE August 08, 2014 Gurpreet Singh Gurpreet 2014.08.11 16:44 I attest to the accuracy and integrity of this document chandigarh