KAMLESH CHANDRAWAT Vs. LAXMIBAI CHANDRAWAT

JUDGEMENT

(1.) This revision petition filed under Sec. 397/401 of Code of Criminal Procedure assails the order dtd. 21/11/2019 by 6th Additional Sessions Judge, Ujjain in Criminal Appeal No.221/2019 whereby the order dtd. 5/10/2019 in MJC No.32/2019 (Smt. Kamlesh vs. Anil Chandrawat and Ors.) by Judicial Magistrate First Class, Ujjain has been set aside.

(2.) It is not disputed that applicant Smt. Kamlesh Chandrawat was married to Anil Chandrawat as per Hindu rites on 13/4/2005 and customs and out of the said wedlock, she has one daughter Krishna and son Madhav. She had contracted love marriage and due to this, she was being harassed by her mother-in-law and members of the family. After marriage she came to know that her first husband is having illicit relationship with her sister Sunita. She tried to persuade her husband for discontinuing this relationship, but he did not pay any heed. She was being physically and mentally harassed on daily basis. For this, she filed police complaints, but her husband tried to expel her from the shared household along with her children. She wants to continue to reside with her children where she is living. For this she is claiming relief of maintenance and protecting herself from domestic violence, she filed a complaint under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short the Act, 2005).

(3.) By filing joint written reply, Anil Chandrawat, husband of the applicant, Mangilal Chandravat father-in-law and Laxmibai and mother-inlaw of the applicant opposed the complaint and on an application under Sec. 23 of the Act, an order dtd. 11/1/2019 was passed whereby the respondents were restrained from evicting the applicant from the house where she was residing with her children. This order remained unchallenged.