SUKHJINDER SINGH SAINI Vs. HARVINDER KAUR

JUDGEMENT

(1.) Instant revision petition is preferred by the petitioner Sukhjinder Singh Saini under Sections 397 Cr.P.C., 1973 read with Section 482 Cr.P.C., 1973 for setting aside the impugned order dated 07.05.2015 passed the learned Special Judge CBI-03,(PC Act), Delhi in CA No. 04/2015, titled as "Sukhjinder Singh Saini v. Harvinder Kaur" whereby the learned Special Judge has dismissed an appeal filed by the present petitioner under section 29 of the Protection of Women From Domestic Violence Act, 2005 against the order dated 23.01.2015 passed by learned Metropolitan Magistrate-01, Central District, Tis Hazari Courts, Delhi in CC. No. 106/6/14 filed by the respondent Harvinder Kaur under section 12 of Protection of Women From Domestic Violence Act, 2005.

(2.) The brief facts stated are that the respondent/complainant and petitioner have met through a matrimonial advertisement which was advertise by the parents of the respondent/complainant and then with the consent of both the parties they got engaged on 21.12.2008 and thereafter the marriage was solemnized at Ambala according to Sikh rites and customs on 22.02.2009. Out of the wedlock a male child namely Daksh Preet was born on 11.06.2013. After their marriage the respondent/complainant started to live at her matrimonial house with her in-laws and petitioner/husband at Zirkpur, Panchkula, Haryana and spent around one month. During the stay, after one week, the mother-in-law of the respondent/complainant started taunting and commenting about fewer dowries. Further the mother-in-law and sister-in-law of the respondent/complainant always demanded a luxury car from her and pressurized her for above said demand. The respondent/complainant after feeling so much humiliation from hands of mother-in-law and sister-in-law, shifted to Delhi after spending 40 days in her matrimonial home. Since 05.01.2014 the respondent/complainant is residing with her parents along with her minor child.

(3.) Subsequently, the respondent/complainant filed an application under section 12 of the Protection of Women From Domestic Violence Act, 2005 against the petitioner herein-Sukhjinder Singh Saini (husband of the respondent/complainant), Jaswinder Kaur (mother-in law of respondent/complainant) and Varinder kaur (sister in law of the respondent/complainant) along with an application under Section 23 (2) of the DV Act in the Court of learned Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi in complaint case No.106/6/14.