ANAND AND ORS. Vs. VINITA

JUDGEMENT

(1.) Heard. ADMIT. By consent of the learned Counsel appearing for both the parties, the revision application is taken up for final disposal at the stage of admission itself. The applicants are before this Court challenging the order passed by the learned 2nd Additional Sessions Judge, Nagpur, dated 12.9.2014 in Criminal Appeal No. 17/2014 on an application (Exh. 5), filed by the present applicants for grant of stay to the effect and operation of the judgment and order dated 12.12.2013 passed by the learned Judicial Magistrate, First Class, Court No. 5, Nagpur in Misc. Criminal Application No. 1936/2010 filed by the present non-applicant seeking reliefs under the provisions of Protection of Women from Domestic Violence Act, 2005.

(2.) The brief facts giving rise to the present application, can be summarized as follows:

(3.) The application filed by the non-applicant before learned Magistrate was contested by the present applicants. The learned Magistrate had framed four points for consideration/determination namely (1) does the applicant proves that non-applicant have committed domestic violence as prayed? (2) whether applicant is entitled for protection order against non-applicants as prayed? (3) whether applicant is entitled for residence order from non-applicant No. 1 as prayed? and (4) whether applicant is entitled for compensation from non-applicant No. 1 as prayed? The findings to these points were in affirmative. Without giving much details, suffice it would be to say that on an appreciation of the material presented before the learned Magistrate and on the backdrop of rival contentions, the learned Magistrate by order dated 12.12.2013, allowed the application partly, thereby prohibiting the non-applicants from committing, aiding, abetting in the commission of acts of domestic violence to applicant/wife and directing the non-applicant No. 1/husband to pay rent of amount of Rs. 5,000 per month to the applicant/wife for her separate residence and also to pay medical expenses of Rs. 31,000 to the applicant/wife.