SUMIT LAL Vs. STATE

JUDGEMENT

(1.) The Petitioner invokes the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for setting aside of the order dated 08.11.2011 passed by the learned Additional Sessions Judge ('ASJ') whereby she dismissed the Appeal against the order dated 08.07.2011 passed by the learned Metropolitan Magistrate ('MM') whereby the Petitioner was directed to pay maintenance of Rs. 1500/- per month to the Respondent.

(2.) The facts leading to filing of the Petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) are that the Respondent claimed to have married the Petitioner on 04.01.1997 at the Methodist Church, Idgah, Delhi according to Christian rites and customs. In the Petition, it was averred that the Respondent and the Petitioner lived as husband and wife since the year 1997 upto 2008. The Respondent alleged certain acts of violence and harassment at the hands of the Petitioner, particularly in October, 1998 and in November, 2001.

(3.) In reply to the Petition, the allegations of any marriage with the Respondent as also the allegations with regard to her ill-treatment, administering any pills, etc. were controverted by the Respondent.