JAMSHED Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is directed against the order dated 13.01.2016 passed by Judicial Magistrate Roorkee in Misc. case no.31 of 2015 as well as the order dated 17.11.2016 passed by 2nd Additional Sessions Judge, Roorkee, District Haridwar in criminal appeal no.13 of 2016.

(2.) Facts of the case, in nutshell, are that respondent no.2 filed a complaint under section 12 of The Protection of Women From Domestic Violence Act, 2005 in the court of Judicial Magistrate Roorkee. On the basis of complaint, criminal case no.31 of 2015 was registered. Along with the complaint, complainant/respondent no.2 also moved an application for interim maintenance with the averments that marriage between the revisionist and respondent no.2 was solemnized on 27.03.2008, as per Muslim rituals. In the marriage, parents of respondent no.2 gave dowry beyond their status but the revisionist and his family members were not happy with the dowry and they started committing marpeet with her for bringing insufficient dowry. On 29.05.2009, when respondent no.2 was expecting a child, revisionist and his family members pushed her from stairs. Complainant/respondent no.2 further alleged that on 30.05.2009 when her brother came, she was ousted from house along with her brother.

(3.) Learned counsel for the revisionist would submit that the learned courts below have committed illegality by granting interim maintenance allowance in favour of respondent no.2 as the respondent no.2/complainant is herself living separately without any sufficient cause.