TRILOCHAN SINGH Vs. MANPREET KAUR

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dated 21.07.2012 passed by the Court of Additional Sessions Judge, Court No.11, District Pratapgarh in Criminal Appeal No.72 of 2011 as well as order dated 18.08.2011 passed by learned Chief Judicial Magistrate, Pratapgarh in Criminal Case No.2441 of 2010 under Section 12/18 of the Protection of Women from Domestic Violance Act, 2005 (hereinafter referred to as 'the Act').

(2.) Respondent No.1 is the daughter of the petitioner who had instituted a Criminal Complaint No.2441 of 2010 under Section 12/18 of the Act in the Court of Chief Judicial Magistrate, Pratapgarh against her father. From the facts as narrated, the petitioner with his wife has four daughters and two sons and their details are given as under:-

(3.) The two daughters after their education and marriage are living separately. Respondent No.1 is the youngest daughter of the petitioner. She had completed post graduation in the year 2003 from M.D.P.G. College, Pratapgarh while living with the petitioner. It is alleged that respondent No.1 wanted to do private service to which the family members objected and wanted her to get married and settle in her life. However, respondent No.1 was adamant to live life on her own terms and, therefore, she left the parental house willingly in the year 2005 and started living with the eldest daughter of the petitioner and also doing private service in H.N. Homeohall. It is further alleged that all efforts to bring her back and get her married failed and she did not listen to the advice of her parents or her family members. Five years from the date since she left the parents' residence, she filed an application in the year 2010 under Section 12/18 of the Act, alleging domestic violence in the nature that the petitioner was not discharging his parental duty by not meeting out her expenses and not arranging her marriage.