REGENT COMPUTRONICS PVT. LTD.

Avtar Singh And Ors. Appellant

V/S

JASWINDER KAUR Respondents

Referred Judgements :-

JUDGEMENT

(1.) In pursuance of order dated 10.03.2015 petitioner No.1 and respondent appeared in Court in person. An attempt to amicably settle the issue was made but parties were adamant. Hence, I was constrained to hear and decide the petition on merit. During the course of talk of settlement it transpired that petitioner No.1 is residing along with his two sons who have been recently married.

(2.) This petition raises an interesting issue with regard to concept of "shared-household" and "right of residence" of wife in it or some other place.

(3.) Instant petition under Section 482 of the Code of Criminal Procedure has been filed against the order dated 03.11.2012 (Annexure P-2) passed by learned Additional Sessions Judge, Fatehgarh Sahib whereby order dated 02.04.2012 passed by learned Chief Judicial Magistrate, Fatehgarh Sahib under the provisions of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the PWDV Act'), has been modified, directing the petitioner-husband to provide a portion of house No.2279, Phase X, Mohali to respondent-wife and to properly furnish the said portion according to the choice of wife to enable her to live with dignity in the shared household. It is further directed that if the wife is reluctant to live with the husband, the husband shall pay Rs. 3,000/- per month as rent. The interim maintenance has been enhanced from Rs. 3,000/- per month to Rs. 6,000/- per month. Petitioners have only prayed for modification of order dated 03.11.2012 (Annexure P-2) as it gives liberty to respondent-wife to either live in the house where the husband is residing or to live separately.

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AVTAR SINGH AND ORS. Vs. JASWINDER KAUR

Referred Judgements :-

JUDGEMENT

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