SANTOSH KANWAR Vs. YOGENDRA

JUDGEMENT

(1.) This petition under Section 397 of Cr.PC is by the petitioner being aggrieved by the order passed in MJC No. 231 of 2008 by (he Judicial Magislrale J'jrsl Class. Mandsaur whereby, her application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for brevity 'the Act') was dismissed on the ground that there was no evidence led on her behalf to show (haf she was (he legally wedded wife of late Shailendra Singh son of non-applicant No. J-(iopal Singh.

(2.) The Appellate Court while affirming the findings recorded by the Trial Court observed that no evidence was led on behalf of the applicant to prove domestic violence, which is required to be proved for the purpose of seeking any relief under Section 12 of the Act. Reference was made to Sections 19 and 20 of the Act in Paragraphs 13 to 16 of the impugned order, which reads thus :.....

(3.) Dealing with the submissions on behalf of the applicant that the non-applicants ill treated her and forcibly thrown her out from her matrimonial home and were trying to exclude her from the property left by her husband Shailcndra Singh she argued that Ratandeep Singh - the so called son, was never adopted by late Shailendra Singh and non-applicants do not want to give her share in the joint property by trying to establish that Ratandeep Singh was the adopted son of Shailendra Singh and his first wife, it was observed by the Trial Court, that to prove the allegations, it was for the petitioner to lead evidence on record but, she failed to