RAJARAM PANWARI Vs. ASHA PANWARI

JUDGEMENT

(1.) Being aggrieved by the judgment dated 25/9/2008 passed by Ilnd Addl. Sessions Judge, Ratlam in Cri. Appeal No. 51/2008, whereby judgment dated 25/1/2008 passed by CJM, Ratlam in Cri. Case No. 1336/2007, where the interim application filed by the respondents under section 12 of the Protection of Women from Domestic Violence Act was allowed and the interim directions issued by learned trial Court were further modified, present petition has been filed.

(2.) Short facts of the case are that petitioner No.1 is the husband of respondent No. 1 and petitioner No. 1 and respondent No. 1 have adopted respondent No. 2. The marriage between petitioner No. 1 and respondent No. 1 was solemnized on 20/7/1987 at Nagpur. Petitioner No. 1 is a retired employee of Railways. Prior to it petititoner No. 1 was married to Nirmalabai from whom petitioner No. 1 was blessed with a son Lalit petitioner No. 2. Divorce took place between the petitioner No. 1 and Nirmalabai on 21.1.87 in H.M.A. Case No. 84-A/85. Petitioner No. 3 is wife of petitioner No. 2 while petitioner No. 4 is son of petitioner Nos. 2 and 3. Respondent No. 2 is is Homeopathy Doctor by profession and is in Govt. Job at Ratlam. The age difference between the petitioner No. 1 and respondent No. 1 is more than 18 years. Probaly it is the main cause for dispute between the parties.

(3.) Petition was filed by respondent No. 1 before the learned Court below under the provision of Protection of Women from Domestic Violence Act, 2005, which shall be referred hereinafter as 'Act', wherein various allegations were made against the petitioners. Alongwith the petition an application for interim directions was filed, which was allowed and in appeal filed by the respondent No. 1, which was allowed in part, the interim directions issued by the trial Court were further modified. No appeal was filed by the petitioners against the interim directions issued by the learned trial Court. Present petition has been filed by the petitioners against the impugned judgment passed by the learned appellate Court, whereby the directions given by the learned trial Court were modified.