2007 (10) TMI 696

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.... Gupta, The present petition is filed under Article 227 of the Constitution of India read with Section 482 Cr.P.C. for quashing of the order dated 19th September, 2007 passed by learned Metropolitan Magistrate, Delhi in the Domestic Violence Application. 2. The impugned order, relevant for the disposal of present petition reads as under: No site plan of the shared household at matri....

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....that the impugned order has been passed by the Ld. Magistrate under The Protection of Women from Domestic Violence Act, 2005. As per this Act, the Magistrate has got ample power to modify, alter or revoke any order made under it and further there is specific provision for filing of appeal to the Court of Session against the order of Magistrate under the Act. The relevant provisions in this regard ....

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.... 4. So, according to Section 25 of the Act, any aggrieved person may make an application before the Magistrate and the Magistrate after being satisfied that there is change in the circumstances requiring alteration, modification and revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. 5. Section 29 of the Act pr....

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....ourt has laid down that: where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed off 8. Here, in the case in hand, the Act under which the Magistrate has passed the impugned order, specifically provide the remedy by way of appeal or by way of modification, alteration etc. 9. So, admittedly t....