JAKIR HUSSAIN Vs. STATE OF UTTARAKHAND, RAZIA BEGUM

JUDGEMENT

(1.) Having heard learned counsel for the revisionist, it appears that respondent no.2 was espoused with the revisionist on 26.4.1998 as per Muslim rituals, and two children were born out of the said wedlock. Firstly, she was expelled from her matrimonial house in December, 1999 but later on, some compromise was arrived at, on which she again started residing with her husband. This compromise took place when the revisionist faced the prosecution u/s 498-A, 323, 504 and 506 IPC r/w Section 3/4 of Dowry Prohibition Act. However, the prosecution was dropped on account of the compromise settled by the revisionist with his wife.

(2.) Thereafter, she again conceived and gave birth to a female baby. It is stated in the complaint that the revisionist became more cruel and atrocious, on which she was stung and impelled to leave her matrimonial house in July, 2003 along with her two children, and since then, she is residing at her parents house in Jaspur, Distt. U.S. Nagar.

(3.) The respondent no.2 thereafter invoked the provisions of Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred as the Act), which was adjudicated by learned Judicial Magistrate, Kashipur, thereby granting maintenance to the tune of Rs.3,000/- per month to respondent no.2 and her two growing children. Learned Magistrate u/s 22 of the said Act further directed the revisionist to pay Rs.5,000/- to respondent no.2 on account of pain and agony suffered by her at the hands of her husband. This judgment was challenged by way of filing appeal no.15 of 2012 in the court of Sessions Judge, Rudrapur, U.S. Nagar, who after hearing the parties, dismissed the appeal, thereby sustaining the judgment passed by the court of Magistrate. Feeling still dissatisfied, Jakir Hussain (husband) has come up before this Court by way of filing the instant revision.