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under Section 23 of the Domestic Violence Act,
whereupon learned court below restrained the petitioners
from withdrawing any amount from the insurance company
against the death claim of her husband of O.P. No. 2. In the
meantime, the loan account became NPA resulting in the
accumulation of debt manyfold, and finally, the house, which
was purchased, was auctioned by the bank.
7. It is further submitted by Mrs. Jha that O.P. No. 2
was at no point in time, in a domestic relation with the
petitioners, and no complaint was ever raised by her against
the petitioners since her marriage with the late Brajesh Mishra
in the year 2016. It is pointed out that the present case under
the D.V. Act was preferred only qua the claim of LIC Policy
No. 846938124, where petitioner no. 2 and O.P. No. 2 are
nominees. It is submitted that the dispute is purely civil in
nature, for which separate legal remedies are available under
the law, for which the present prosecution under the D.V. Act
Patna High Court CR. MISC. No.14357 of 2024 dt.09-07-2025
is completely a malicious approach out of ulterior and oblique
motives.
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