BABULAL & ORS. Vs. SMT. PREMWATI

JUDGEMENT

(1.) This petition under Sec. 482 of Crimial P.C. has been filed against the order dated 27.02.2013 passed by Seventh Additional Sessions Judge, Gwalior in Criminal Appeal No. 89/2013 arising out of the order dated 10.12.2012 passed by JMFC, Gwalior in case No.6982/2012.

(2.) The necessary facts for the disposal of the present application are that the respondent had filed an application under Sec. 12, 19 of Protection of Women from Domestic Violence Act, 2005 against the applicants alleging that the applicants used to abuse her and her unmarried daughter and they do not allow the respondent to reside in the house and her husband Devi Lal do not provide anything for the maintenance of the respondent and her daughter, therefore, it was prayed that the applicants should not create any obstruction in peaceful residence of the respondent in the house situated at Indra Nagar Char Shahar Ka Naka Hazira, Gwalior.

(3.) Per contra, the applicants filed their reply and submitted that the proceedings under Sec. 125 of Crimial P.C. were initiated against the non-applicant Devi Lal in the year 1985 and from thereafter the respondent/applicant has never come to the house nor has met with them. The property has already been partitioned and the applicants are residing in the house which has fallen to their share. They had never abused the respondent/applicant. Husband of the applicant namely Devi Lal has already sold his share of the house and has paid the maintenance allowance and thereafter he is residing along with the respondent in her house. The respondent/applicant never came to the house situated at Indra Nagar, Hazira, Gwalior and prayed that the application be rejected.