ANIL Vs. SUDESH

JUDGEMENT

(1.) Anil petitioner who is husband of respondent Smt. Sudesh has filed this revision petition assailing order dated 10.7.2008 passed by learned Chief Judicial Magistrate and judgment dated 21.3.2009 passed by learned Additional Sessions Judge.

(2.) Respondent Sudesh instituted application under section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short, the Act) against petitioner Anil and his father Dharam Pal seeking various reliefs, alleging that respondent Sudesh is wife of Anil petitioner and daughter-in-law of Dharam Pal. She went to her parental home on 1.1.1999. On 18.9.1999, a false FIR was lodged from the side of the petitioner against the respondent under sections 380 and 506 IPC but the said FIR was cancelled. Divorce petition filed by petitioner against respondent was also dismissed by learned Additional District Judge. The respondent wife tried to live in the shared house with the petitioner and his father but they did not allow her. She also lodged FIR under sections 406 and 498-A IPC against the petitioner and his parents. The petitioner has also performed second marriage for which separate complaint under section 494 IPC was filed. Another complaint was filed under section 500 read with section 109 IPC against the petitioner and his parents.

(3.) The petitioner and his father in their reply while admitting the relationship between the parties broadly denied other averments of the respondent. However, lodging of various cases was not disputed. Claim of the respondent was controverted.