NISHANT SHARMA Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Chetan Chatterjee, learned counsel for the revisionists, Sri P.S. Pundir, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

(2.) This criminal revision has been preferred against the order dated 19.12.2009 passed by Additional District and Sessions Judge, Court No. 10, Saharanpur in Criminal Appeal No. 96 of 2009, Smt. Ashu Sharma Versus State of U.P. and others under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) by which the lower appellate court has set aside the order dated 19.09.2009, passed by the Chief Judicial Magistrate, Saharanpur in Case No. 75 of 2008, rejecting the application dated 24.6.2008, filed by opposite party no.2 under Section 23 of the Act, Police Station Kotwali Nagar, District Saharanpur, directing the revisionist to reside in the house of opposite party no.2.

(3.) Brief facts of the case are that the revisionist no.1 is the husband of opposite party no.2, who were married in accordance with Hindu Rights and Tradition on 19.5.2002. From the said wedlock a male child, namely, Kaustubh Sharma, who at present is aged about 3 years and 4 months. The relationship between revisionist no.1, Nishant Sharma and opposite party no.2, Smt. Anshu Sharma become strained. Due to the conduct of revisionist no.1 and his family members, the opposite party no.2 was compelled to leave the house of the revisionists. After the opposite party no.2 left her matrimonial house, there were several litigations between opposite party no. 2 and revisionist no.1 such as under Section 498A, 323, 504, 506, I.P.C. and 3/4 D.P. Act. A petition under Section 125, Cr.P.C. was also filed by opposite party no.2 against the revisionist no.1. The revisionist no.1 had also filed a suit for divorce bearing Divorce Petition No. 117 of 2006 against opposite party no.2.