PANCHAM SINGH AND ORS Vs. RANJANA SINGH BAGHEL

JUDGEMENT

(1.) This revision under Section 397/401 of the Code of Criminal Procedure, 1973 has been filed by the applicants, here-in-after referred as "the respondents", being aggrieved by the judgment dated 17.06.2013, passed in Criminal Appeal No. 74/2013, by the learned 4th Additional Sessions Judge, Chhatarpur (M.P.), dismissing the criminal appeal filed by the respondents under Section 29 of the Protection of Women from Domestic Violence Act, 2005, here-in-after referred as "the Do. Vio. Act" filed against the order dated 30.01.2013 passed in M.J.C. No. 3/2011 by the learned J.M.F.C. Laundi, District Chhatarpur, allowing the application directed the respondents to pay the amount of Rs. 2000/- per month to the respondent No. 1, here-in-after referred as "the aggrieved person", and Rs. 1000/- per month to her son Shivam @ Om Shiva towards maintenance and also compensation of Rs. 5000/-in lump sum and cost of Rs. 500/-.

(2.) The aggrieved person had filed an application under the provisions of sections 12, 18, 20, 21 and 22 of the Do. Vio. Act against the respondents on the grounds that 8 -10 years ago her marriage was solemnized with Shivram Singh and due to illness he died on 26.03.2009. After the death of her husband, the respondent No. 1 father and respondent Nos. 2 and 3 brothers of her husband used to harass her mentally and committing marpeet with her and her children. The respondents have received the insurance amount of Rs. 1.00 lakh of her husband and have kept stridhan also. Due to this harassment she is living with her parents at her paternal house, though they are not able to maintain her. Therefore she approached for maintenance before the learned J.M.F.C. Laundi.

(3.) The respondents entered their appearance by filing replies and denied the averments of the aggrieved person and stated that she has filed the said application for maintenance on false and concocted grounds. When aggrieved person was living with the respondents they have fulfilled all her requirements. The share of land of her husband Shivram Singh has also been transferred on her name and while going to parent's house she has taken all her stridhan. The amount of insurance police is deposited in her Bank Account and there is no domestic violence of any kind committed with the aggrieved person and her children.