UMESH SHARMA Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure challenging the Order of the learned Sessions Judge dated 29th January, 2009, whereby he directed respondent No.2, Shri Satish Chand Sharma, husband of the petitioner-Umesh Sharma to pay rent of Rs.5,000/- per month to her for maintaining an alternative accommodation w.e.f. 7th February, 2009. The petitioner was directed to vacate the shared household within 15 days of receiving the first payment of Rs.5,000/-.

(2.) A perusal of the Order dated 16th April, 2008, passed by the learned Metropolitan Magistrate, would show that the petitioner, Smt. Uma Sharma, filed an application under Section 12 of Protection of Woman from Domestic Violence Act, 2005, seeking restraint order against the respondents-Anirudh Sharma, who is her brother-in-law, Lalita Prasad Sharma, who is her father-in-law and Satish Chand Sharma, who is her husband, alleging torture and cruelty with her, besides demand of dowry and ill-treatment. She sought order restraining the respondents from dispossessing her or her son from shared flat bearing No.A-18-C, Second Floor, Janta Flats, Raghubir Nagar, New Delhi.

(3.) The respondents contested the application, claiming that house No. A-18-C, Second Floor, Janta Flats, Raghubir Nagar, New Delhi is owned by respondent No.2- Lalita Prasad Sharma. The learned Metropolitan Magistrate restrained the respondents from dispossessing the petitioner from the aforesaid house and from disturbing her possession in any manner. The Order of the learned Metropolitan Magistrate was, however, modified by the learned Additional Sessions Judge, relying upon the decision of Hon'ble Supreme Court in S.R. Batra vs. Taruna Batra, 2007 3 SCC 169.