KUMARI BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) "Amittere Legem Terrce" (To be put out of the protection of the law) is the grievance of the petitioner in this application under Section 482, Cr. PC.

(2.) The petitioner is the daughter-in-law of the opposite party No. 2 married to one of the sons of the opposite party No. 2, namely, Ramesh Chandra Behera. who is stated to be born through the first wife of the opposite party No. 2. The opposite party Nos. 3 and 4 are the younger brothers of the husband of the petitioner being the sons of opposite party No. 2 through his second wife.

(3.) Alleging that the petitioner and her children were tortured physically and mentally by the opposite parties and her ornaments were forcibly removed from her by them and she was thrown out of her matrimonial house on 6-11-2006 along with her three minor children in the absence of her husband, she filed an application before the learned J.M.F.C. Pattamundai under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act 2005'). In the said complaint petition numbered as I.C.C. Case No. 152 of 2006, the petitioner sought for the following reliefs. "i) Protection order u/S. 18 Prohibiting acts of Domestic Violence by granting an injunction against Respondents for repeating any such acts and prohibiting Respondents for alienations of any of assets by the Respondents and pay compensation and also the amount as aforesaid towards loss of earnings and ornaments of applicant. ii) Residence order u/S. 19 An order restraining Respondents from dispossessing or throwing applicant out from her shared house hold and alienating or disposing or encumbering the said shared house of applicant and an order directing Respondents to put applicant into possession in respect of her said matrimonial shared house or secured some lebel of ulternate accommodation or pay rent for same. iii) Monetary reliefs under Section 20 The respondents be directed to pay applicant following amount: <FRM>JUDGEMENT_68_AIR(ORI)_2010Html1.htm</FRM> iv) Monetary reliefs under Section 20 v) Custody order u/S, 21 Not applicable. vi) Compensation Order u/S. 22 As aforesaid. vii) Any other order please specify. That, the applicant along with her minor children may please be put into their possession in respect of their matrimonial shared house at the instance of the OIC, Pattamundai PS. after obtaining undertaking from Respondents for said custody of applicant and her minor children located over Plot No. 243 of Village Tatana, PS. Pattamundai, Dist. Kendrapara."