Sashirekha Maharana vs Saraswati Maharana And ... Opposite ...
2025 Latest Caselaw 7051 Ori

Orissa High Court

Sashirekha Maharana vs Saraswati Maharana And ... Opposite ... on 15 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLREV No.61 of 2025

     Sashirekha Maharana                    ...            Petitioner
                                 Mr. P.K. Satapathy, Advocate
                              -versus-
     Saraswati Maharana and                 ...     Opposite Parties
     another

                               CORAM:
                        JUSTICE G. SATAPATHY

                              ORDER(ORAL)

15.04.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This criminal revision is directed against the impugned judgment dated 19.11.2024 passed by the learned Sessions Judge, Jagatsinghpur in Criminal Appeal No.36 of 2023 dismissing the appeal of the revision-petitioner.

3. Admittedly, the revision-petitioner by way of DV Misc. Case No.139 of 2022 had approached the Court of learned Senior Civil Judge-cum-Assistant Sessions Judge (Women's Court), Jagatsinghpur in an application U/S.12 of the Protection of Women from Domestic Violence Act, 2005 (in short, "the Act") for seeking certain reliefs, but the said Court dismissed the application of the revision- petitioner U/S.12 of the Act which was later on confirmed in the appeal.

4. In the course of hearing, Mr. Prasanta Kumar Satapathy, learned counsel for the petitioner submits

that the original Court, however, on the application of the revision-petitioner U/S.12 of the Act has dismissed it by holding that the parties are not in domestic relationship, but when such judgment was assailed in appeal, the learned appellate Court although held that the parties are at domestic relationship, but it refused to allow the appeal by holding that the revision-petitioner could not establish that the Respondent has committed any domestic violence on her and, therefore, the petitioner is before this Court. Mr. Satapathy further submits that the learned appellate Court erroneously held that no domestic violence has been committed upon the revision-petitioner and, thereby, the impugned orders/judgments are liable to be interfered with.

5. In view of the aforesaid facts and taking into consideration the submission as advanced coupled with the prayer as put forth by the revision-petitioner, this Court does not wish to interfere with the impugned orders/judgments at once without seeking response of the OPs. Accordingly, issue notice to OPs by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice shall be filed within three working days.

6. List this matter on 12.05.2025.

(G. Satapathy) Judge

Signed by: SUBHASMITASubhasmita DAS Designation: Sr. Stenographer Reason: Authentication

Date: 16-Apr-2025 19:34:35