JAGDEV SINGH Vs. PARAMJIT KAUR AND OTHERS

JUDGEMENT

(1.) Respondent No. 1 is the wife of respondent No. 2 and respondent No. 3 is their daughter. It was not disputed that respondent No. 3 was married during the proceedings and therefore, claim for residence in the shared household and for grant of maintenance for this respondent no more survived.

(2.) Petitioner is the father of respondent No. 2. Marriage of respondents No. 1 and 2 was solemnized on 19.10.1986. An application was filed before Judicial Magistrate, Patiala on 31.07.2008, under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short 'the Act'). The learned Magistrate allowed the application on 07.01.2009 restraining the husband and her father-in-law (petitioner herein) from dispossessing her from 'shared household' except in due course of law and from committing any Domestic Violence. No interim order for granting maintenance was, however, passed.

(3.) Respondents No. 1 and 3 felt aggrieved and filed revision before Sessions Court against the petitioner and respondent No. 2. It was found that respondent No. 1 has no independent source of income and should have been granted maintenance allowance also. The Additional Sessions Judge allowed the revision on 22.09.2010 awarding maintenance for respondent No. 1 @ Rs. 1500/- per month to be effective from the date of application.