JYOTI PARIHAR Vs. MUNINDRA SINGH PARIHAR

JUDGEMENT

(1.) THIS revision petition preferred by the petitioner/wife under Section 397/401 of the Code of Criminal Procedure, 1973 is directed against an order dated 31st January, 2011, passed in Criminal Appeal No. 2/10 (Munindra Singh and another Vs. Smt. Jyoti Parihar) by the Special Judge (Atrocities), Gwalior whereby the Appellate Court by setting aside the order dated 30th November, 09 passed in Criminal Case No. 13299/09 by the Judicial Magistrate First Class, Gwalior, remitted the matter back to the Trial Magistrate to reconsider the case on directions given in the light of the impugned judgment and pass an order afresh.

(2.) THE facts in short, just necessary for the decision of this petition are that the petitioner and the respondent No. 1 were married on 21st May, 2005 in Gwalior as per Hindu customs. It is stated that at the time of marriage, valuable articles such as silver and gold ornaments, furniture, cloths household's articles and cash etc. were gifted to the wedding couple by the parents and relatives and friends. After marriage, the petitioner lived near about eight months in her matrimonial house. THEreafter, the husband (respondent No. 1) of the petitioner and her father-in-law (respondent No. 2) including other members of her in-laws family used to harass and torture her for their illegal demand of Maruti Car and also threatened her to contact the second marriage of respondent No. 1-Munindra Singh. Petitioner was compelled to leave her matrimonial house. THE report of the incidence was lodged by the petitioner-complainant against her husband, mother- in-law and brother-in-law with Police Station, Padav. On the basis of the said report, a crime for commission of offence under Section 498-A, IPC was registered against the respondents. After investigation the charge-sheet was filed before the Court competent in which trial is in progress. One more case under Section 9 of the Hindu Marriage Act, on her petition is also pending before the Family Court, Gwalior. THE petitioner also filed the petition under Section 125 of Cr.PC for monthly maintenance against the respondent No. 1 before the Family Court, Gwalior. THE petitioner filed the petition under Section 12 (1) of the Protection of Women From Domestic Violence Act against the respondents with a request to issue the direction against respondents restraining them from interference in the petitioner's shared household and not to create any obstructions in enjoyment of her in the share household. Simultaneously, it is prayed to secure for her same level of alternate accommodation in the shared household or to pay rent for the same, if the circumstances so warrant.

(3.) THE learned Counsel for the petitioner contended that the impugned order dated 31st January, 2011 passed by the Appellate Court is against the facts of the case and law, and hence the same is liable to be set aside. It is contended that the Appellate Court while remitting back the case did not consider that even after affording of twelve more opportunities for appearance and recording of the evidence of appellant No. 1-Munendra singh, who is serving in the Indian Army, he did not turn up before the Trial Court. THE Appellate Court has not considered it properly that the petitioner after marriage lived in the shared house with the respondents and other family members and she was ousted from there, therefore, she is entitled to get entry in the shared household house which is the joint house of the respondents. THErefore, it is requested that by allowing the petition of the petitioner, the order dated 31st January, 2011 be set aside and the order of the Trial Magistrate be restored.