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Ajay Kumar Tiwari v. Km. Shrinkhla Tiwari & Others - SPECIAL APPEAL No. 666 of 2007 [2007] RD-AH 9730 (22 May 2007)


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Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Rajes Kumar, J

This Special Appeal has been filed against the impugned judgment and order dated 20th April, 2007 by which the learned Single Judge had issued several directions including initiation of the proceeding against the appellant in view of the provisions of the Protection of Women from Domestic Violence Act, 2005. Sri P.K. Ganguly, learned counsel for the appellant submitted that the question of keeping the respondent Km. Shrinkhla Tiwari by the appellant in the residential accommodation does not arise as the appellant does not have any accommodation in Allahabad and even rental accommodation. For the purposes of convenience, he has given the address of a local house but he is actually residing at Mahoba. It is submitted by Sri  P.K. Ganguly that this was the case before the learned Single Judge. We have gone through the impugned order and of the view that no such averment has been dealt with by the learned Single Judge and it appears that no such averment has been made before the Court below.

In view of the assistance rendered by Sri P.K. Ganguly, learned counsel for the appellant that the aforesaid point was argued before the learned Single Judge, we are not inclined to entertain the Special appeal as we cannot ascertain what was argued before the learned Single Judge. It is accordingly, dismissed. It shall be open to the appellant to apply for review of the order dated 20th April, 2007 before the learned Single Judge.




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