LAWS(P&H)-2012-7-288

SARITA RANI Vs. VIJAY KUMAR AND ANOTHER

Decided On July 02, 2012
SARITA RANI Appellant
V/S
Vijay Kumar and Another Respondents

JUDGEMENT

(1.) The case of petitioner-complainant Sarita Rani, in brief, was that she was married to respondent No.1 Vijay Kumar on 28.11.1988 as per Hindu rites. At the time of marriage, her father had spent more than Rs.1,30,000/-. The dowry articles were entrusted to respondent No.1. Respondent No.1 and the petitioner lived together as husband and wife at village Bhoyia and thereafter at Delhi. Respondent No.1, however, started maltreating the petitioner and asked her to bring more dowry. The petitioner was thrown out of the matrimonial home and all her belongings were retained by respondent No.1. Trial Court, vide judgment/ order dated 20.8.2007 convicted and sentenced respondent No.1 for commission of offence punishable under Sections 406 and 498-A of the Indian Penal Code, 1860 (IPC for short). The Appellate Court, vide judgment dated 8.10.2011 allowed the appeal filed by respondent No.1 and acquitted him of the charges framed against him. The revision petition filed by the petitioner seeking compensation and enhancement of sentence was dismissed. Hence, the present petition by complainant Sarita Rani.

(2.) Learned counsel for the petitioner has submitted that the Appellate Court had erred in allowing the appeal filed by respondent No.1 as the petitioner had been successful in proving her case. The petitioner had been treated with cruelty by respondent No.1 and all the dowry articles had been misappropriated by him.

(3.) After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal. The complainant was married to respondent No.1 on 28.11.1988. The complainant filed a divorce petition on 22.10.1992.