PREETAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) I have heard learned counsel for the revisionists and the learned A.G.A. for the State.

(2.) By this revision, the revisionists have challenged the order dated 08.06.2012 passed by the Additional Sessions Judge-I, Jhansi in Criminal Appeal No. 22 of 2010, whereby the order dated 22.02.2010 passed by the Judicial Magistrate, Moth, Jhansi, rejecting the application of the opposite party No.2, under Sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2009, as not maintainable, has been set aside and the matter has been remanded back to the Court of Magistrate to decide the same in accordance with law.

(3.) The facts, as they emerge from the record, are that opposite party No.2 (hereinafter refered to as the 'applicant') filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in the Court of Judicial Magistrate, Moth, Jhansi with allegations that she was married to Preetam Singh (the revisionist No. 1 herein) about 30 years ago and out of their wedlock, a son was born, after about 5 years of their marriage. It was alleged that while she was pregnant, Preetam Singh cursed her for being illeterate and of ordinary looks, and without her consent married Bitti Devi (the revisionist No.2 herein). After the birth of her son, Bitti Devi used to fight with the applicant whereas her husband used to take side of Bitti Devi, and used to beat her. Ultimately, the applicant was driven out of her matrimonial home. It was alleged that since that time, the applicant had been seeking shelter in her father and brother's house and had been living in great financial distress, and now, since her father has become old and is unable to maintain her, she was constrained to file the application.