Fri. Apr 23rd, 2021

Tejinder Gulati vs Ranjeeta Kaur Gulati on 25 May, 2017

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2. I have heard the learned counsel for the parties and have
examined the file. The petitioner is facing trial in a complaint case filed
under Protection of Women from Domestic Violence Act, 2005 (In short
‘DV Act’) by the respondent. He is also involved in case FIR No.475/2012
registered under Sections 498A/406/34 IPC at PS Hari Nagar. The parties
were married to each other on 08.12.2007. A child born out of this wedlock
is in the custody of the respondent.

Crl.M.C. 1385/2016 Page 1 of 3
3. By an order dated 16.11.2010 while releasing the passport, the
petitioner was directed not to leave Indian territory without prior permission
of the Court. It was done so as the respondent had grave apprehension that
the petitioner would leave India to reside permanently in Australia. The
petitioner moved an application under Section 25 DV Act seeking alteration
/ modification / revocation of the order dated 16.11.2010. Dismissing it vide
order dated 09.11.2011, it was observed that condition not to visit abroad
was to protect the respondent’s interest as admittedly the petitioner had
Australian Permanent Residency visa. The petitioner challenged the orders
in Crl.A.No. 30/2011; it resulted in dismissal by an order dated 30.01.2014.
The Appellate Court was of the view that condition imposed upon the
petitioner was a well reasonable condition considering the interest of the
parties.

Source: Indian Kanoon

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