SNEHA Vs. RISHIRAJ MERAL

JUDGEMENT

(1.) The applicant is calling in question the order dated 19.9.2014 passed by First Additional Judge to the Court of First Additional Sessions Judge, Guna in Criminal Appeal No.360/2013, whereby the appellate Court affirmed the order dated 23.10.2013 passed by Judicial Magistrate First Class, Guna in MJC No.32/2013, by which the application filed by the applicant under Section 23 of Protection of Women from Domestic Violence Act, 2005 (for brevity, the 'Act') has been rejected.

(2.) The facts which have led to filing of present case are that the marriage was solemnized between the applicant and non-applicant on 10.7.2011 as per Hindu rituals and customs. Due to several reasons the relation between the parties deteriorated prompting the applicant to live separately. According to the applicant, the nonapplicant was persistently making demand of dowry and was mentally and physically torturing her. In the month of October, 2012 the non-applicant showed door to the applicant and since then she is residing with her parents at Guna (MP). An application for fixation of amount by way of interim maintenance was filed under Section 23 of the Act, which was dismissed by the trial Court. The applicant preferred an appeal under Section 29 of the Act against the aforesaid order before the Sessions Court, which was also dismissed by the impugned order, which is subject matter of challenge in this revision.

(3.) Having heard learned counsel for the parties and perused the record, undisputably the applicant is legally wedded wife of non-applicant. It was alleged that the applicant is living separately since the month of October, 2012, because the non-applicant is harassing her for fulfillment of demand of dowry and when such demand has not been met then she was forced to live the house of her husband. Hence, she is living with her parents.