PUSHPA @ BABY Vs. STATE

JUDGEMENT

(1.) The present petition is filed against the judgment dtd. 3/12/2019 (hereafter 'impugned judgment') passed by the learned Additional Sessions Judge ('ASJ'), Saket Courts, New Delhi in CA No. 38/2019 whereby the appeal filed by Respondent No. 2 under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act') was allowed and the order dtd. 3/12/2018 passed by the learned Magistrate granting maintenance @4,000/- per month each to the petitioner and her minor child was set aside.

(2.) As per the complaint filed by the petitioner under Sec. 12 of the DV Act, the marriage between the petitioner and Respondent No. 2 was solemnized on 18/2/2011 and one child was born out of the said wedlock. It is alleged that post the marriage of the petitioner, she was constantly subjected to torture at the hands of Respondent No. 2 in relation to demand of dowry. It is alleged that despite having received sufficient dowry, Respondent No. 2 demanded one motorcycle from the petitioner's family. It is alleged that on 19/4/2012, the family members of Respondent No. 2 abused the petitioner. Further, on 20/4/2012, the petitioner was subjected to beatings and also asked to bring a sum of Rs.50,000.00 for the marriage of the sister of Respondent No. 2. It is also the case of the petitioner that on account of the inability of the petitioner to fulfil the said demand, she was ousted from her matrimonial home on 21/4/2012.

(3.) By the order dtd. 3/12/2018, the learned Magistrate noted that the petitioner had failed to establish that she was subjected to any domestic violence. It was noted that the petitioner failed to place on record any police complaint that may have been made her at the time when the petitioner was dispossessed and has failed to examine any independent witness or family member to corroborate the act of domestic violence.