RAMLAL Vs. REKHA

JUDGEMENT

(1.) Being aggrieved by the judgment dated 28/5/2009 passed by XVIth Addl. Sessions Judge, Indore in Cri. Appeal No. 221/2009, whereby the order dated 18/4/2009 passed by A.C.J.M, Indore in Cri. Case No. 984/ 2009, whereby the application filed by the petitioner was dismissed, was maintained, the present petition has been filed.

(2.) Short facts of the case are that the respondent prosecuted the petitioner for the offence alleged to have been committed under section 12,17 and 22 of Domestic Violence Act, 2005 alleging that marriage of the petitioner was solemnized in the year 1992 and thereafter parties lived to gether as husband and wife upto 1994. It was alleged that respondent was subjected to curelty by the petitioner and in the year 1994 petitioner married another woman namely Yashodabai from whom the petitioner is having two daughters. It was alleged that petitioner is not taking care of the respondent. It was also alleged that petitioner is having three houses, while the respondent is without shelter. It was prayed that either one of the house or the rent be awarded to the respondent.

(3.) Upon the notice petitioner moved an appiiction on 17/3/2009 before the learned trial Court, wherein it was alleged that marriage of the petitioner was solemnized with the respondents in the year 1992 and the parties are living separately since 1994. it was alleged that the Protection of Women From Deomestic Violence Act has corne in force w.e.f. 26/10/2006. In the facts and circumstances of the case it was alleged that petitioner cannot be prosecuted for the alleged misdeeds of the petitioner for the period when the Act was not in force, therefore, the complaint be dismissed. After hearing the parties the application filed by the petitioner was dismissed against which an appeal was filed, which was also dismissed hence this petition.