LAWS(P&H)-2015-8-109

POONAM Vs. VIJAY KUMAR JINDAL

Decided On August 21, 2015
POONAM Appellant
V/S
Vijay Kumar Jindal Respondents

JUDGEMENT

(1.) Present petitioner, claiming herself to be an aggrieved person having lived together with the respondent, in domestic relationship in a shared household, through a relationship in the nature of marriage, has called upon this court to answer an important question of law, as to whether having lived in such a domestic relationship, she is entitled for different reliefs, mainly the monetary relief, under the relevant provisions of law contained in Chapter IV of the Protection of Women from Domestic Violence Act, 2005 ('DV Act' for short).

(2.) By way of instant petition, under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), petitioner has invoked the inherent jurisdiction of this court, for quashing of the order dated 7.11.2013 (Annexure P-13), passed by the learned Additional District Judge, Kurukshetra, whereby Crl. Revn.No.163 of 2013 (Vijay Kumar Jindal Vs. Poonam) and Crl. Rev. No.350 of 2013 (Poonam Vs. Vijay Kumar Jindal) were decided together, thereby dismissing the revision of the petitioner for enhancement of maintenance amount and allowing the criminal revision filed by the respondent, declaring the petitioner not entitled to any amount towards maintenance, from the respondent, under the DV Act.

(3.) Notice of motion was issued and pursuant thereto, respondent appeared through counsel. However, no reply has been filed on behalf of the respondent. Trial court record was requisitioned and respondent was directed to keep on paying the interim maintenance @ Rs.3000/- per month to the petitioner, vide order dated 4.6.2014 passed by this court. Again, vide order dated 29.9.2014 passed by this court, respondent was directed to pay an amount of Rs.15000/- to the petitioner, in addition to the amount of Rs.9000/- paid by him in compliance of the above said order dated 4.6.2014.