PUSHPA VISHWANATHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge herein is to the judgment and order passed by the Appellate Court on 24.02.2012 rendered by learned Additional Sessions Judge, Tehri Garhwal, whereby the petition filed by the petitioner in the Court of Chief Judicial Magistrate, Tehri Garhwal, praying the relief under the Protection of Women from Domestic Violence Act, 2005 (hereinafter will be referred to as the Act), was dismissed. The said petition was filed by the petitioner on 13.01.2009, with the prayer that her husband/private respondent should be directed to pay Rs.50,000/- per mensem to her and that he should also be restrained from alienating the property bearing no.C-8, Laxman Jhula Enclave, Tapovan, located within the territorial jurisdiction of Police Station Muni-Ki-Reti, District Tehri Garhwal, in any manner whatsoever. It was also prayed that the respondent/husband should be directed not to cause any damage to the said property.

(2.) The said petition was decreed by the learned Judicial Magistrate on 18.10.2011, thereby granting maintenance to the tune of Rs.5,000/- per month to the petitioner, whereas no relief was granted in respect of the house, as highlighted above.

(3.) The appeal was preferred by the private respondent husband which met with the fate, as aforementioned. It is also pertinent to mention here that a cross-appeal was also filed by the petitioner because the relief sought by her regarding the house, in question, was denied by the Magistrate. But this time too, her relief was not accorded by the Appellate Court. So, now the controversy is before this Court.