SMT. SADHNA SINGH Vs. JAGATPAL SINGH

JUDGEMENT

(1.) The present revision petition under Sec. 397 & 401 of Crimial P.C. has been filed assailing the judgment dated 25.02.2015 which later on also got modified on 19.05.2015 passed by the Additional Sessions Judge, Bilaspur in Criminal Appeal No. 193 of 2013.

(2.) The relevant facts for adjudication of the instant case are that the applicant was married to respondent no.1 in Feb. 2004. It was the second marriage for respondent no.1 as his first wife had expired. But barely after a year of the marriage, the relations between the two got strained and an FIR for the first time was lodged on 02.05.2005 against the respondent no.1 under Sec. 498-A of IPC. The said case was finally compromised between the parties. However, later on, the applicant lodged another case against respondent no.1 under the "Protection of Women from Domestic Violence Act, 2005 (for short "the DV Act") seeking for relief of permanent residence, protection from domestic violence, sufficient monetary support, compensation etc. which was registered as Misc. Criminal Case No. 28 of 2013.

(3.) The trial Court taking into consideration the evidence which had come on record vide its judgment dated 20.06.2013 partly allowed the claim of the applicant-wife by awarding Rs.4,000.00 per month to her as maintenance to be paid by the respondent No.1. In addition, the compensation of Rs.50,000.00 was ordered to be paid within a period of 2 months. Rs.3,000.00 was also awarded for medical treatment and Rs.5,000.00 for obtaining the certified copies of her documents. However, the Court below did not grant the relief of sharing the residence in favour of the applicant.