GAURISHANKAR RAJPUT Vs. POONAM

JUDGEMENT

(1.) This Criminal Revision under Section 397,401 of Cr.P.C. has been filed against the order dated 29-9-2012 passed by 1st Additional Sessions Judge, Bhind in Criminal Appeal No. 246/2012 affirming the order dated 18-6-2012 passed by J.M.F.C., Bhind in case No. 46 of 2011, by which the application filed by the respondent under Section 12 of The Protection of Women from Domestic Violence Act, 2005 was allowed and the custody of the minor daughters namely Ms. Pransi aged about 6 years and Sheetal aged about 4 years was given to the respondent, the applicant was directed to provide accommodation in the house as well as to pay Rs. 2,000 per month to the respondent as well as to her minor daughters Ms. Pransi and Ms. Sheetal by way of monetary relief.

(2.) The necessary facts for the disposal of the present revision in short are that the respondent filed an application under Section 12 of The Protection of Women From Domestic Violence Act, 2005 (In Short Act, 2005) alleging interalia that the respondent was married to the son of the applicant as per Hindu Rites and Rituals on 2-3-2002. After the marriage, the relations of the respondent with her husband were cordial and therefore, three daughters were born out of the wedlock, however, the applicant was constantly harassing them. On 7-6-2010, the applicant for no reason, assaulted the husband of the respondent, as a result of which her husband went to his room and committed suicide by hanging himself. The applicant performed the last rites of her husband on the same night and when it was objected by the respondent, She was beaten by the applicant. On 2-2-2011, She was badly beaten by the applicant and he was interested in developing illicit relations with her, therefore, she left her matrimonial house and went to her parent's home. On 2-2-2011, the applicant had also forcibly kept her daughters Pransi and Sheetal with him. Accordingly, an application was filed seeking relief under Sections 18,19 as well as for interim orders as well as for the order of custody of her minor children. The respondent also claimed monetary relief to the tune of Rs. 4000 per month for herself and to the tune of Rs. 2000/- for each of her minor daughters.

(3.) The applicant filed his reply and denied the allegations. It was submitted by him that the applicant had given an amount of Rs. 48,000 to his son for purchasing a vehicle. It was alleged that his son was harassed and insulted by the family members of the respondent, therefore, he committed suicide. It was further alleged that after the 13th day ceremony, the respondent left her matrimonial home after leaving her daughters. It was further alleged that the husband of the respondent was his only son and his wife had expired when he was only 8 months old and it is the applicant who had brought him up therefore, there was no question of harassment at the hands of the applicant. In fact because of the cruel behavior of the family members of the respondent, his son had committed suicide. It was also alleged that the respondent had already taken away her costly belongings including ornaments etc. The applicant is looking after the minor daughters and is getting them educated. In para 7 of the reply, it was specifically stated that the applicant has sufficient land and property so as to bear the expenses of upbringing of the minor girls and he is in a position to secure the future of his grand daughters. It was also pleaded that if the respondent brings back an amount of Rs. 48,000 and all the belongings which She has taken away, then She can come back and stay in the house as only the respondent and her children are his legal heirs. It was further alleged that the respondent cannot look after the children properly nor the future of the daughters is safe in her hands.