THAKUR RAM SAHU Vs. POONAM SAHU

JUDGEMENT

(1.) The present revision has been filed by the applicant against the order dated 04.07.2018 passed by the learned Additional Sessions Judge, Katghora C.G. in Misc. Criminal appeal No. 28/2017, whereby the learned Additional Sessions Judge has allowed the appeal preferred by the respondent against the order dated 30.05.2017 passed by learned Judicial Magistrate First Class, Katghora District Korba in Misc. Criminal Case No. 62/2014.

(2.) Brief facts of the case are that respondent filed an application under Section 12 of Protection of Women from Domestic Violence Act 2005, (in short DV Act) before the learned Judicial Magistrate First Class, Katghora, District Korba, on the ground that she was married with the petitioner according to Hindu rites and customs on 21.03.2010. But after some time of marriage, petitioner started abusing and assaulting her for which she lodged a written complaint before the Police Station Darri, District Korba. It has been further alleged that her economical condition is too week and she prayed for relief for residence in share house, compensation of Rs. 5,00,000/- (Five Lakh Rupees Only) and maintenance of Rs. 25,000/- per month.

(3.) In his reply, the petitioner denied all the allegations levelled by respondent and stated that respondent is not his legally married wife. He kept the respondent under an agreement executed on 21.03.2010 for taking care of his wife, who was suffering from cancer. The learned Family Court, Raipur, has rejected the application preferred by the respondent under Section 125 of Cr.P.C. on 29.01.2014 on the ground that the respondent is not legally wedded wife of the petitioner.