SANJAY GULATI Vs. HARSH LATA

JUDGEMENT

(1.) The instant revision has been filed seeking to challenge the order dated 9.2.2017 passed by the learned Additional Sessions Judge, Hisar, by which the order dated 7.9.2016 passed by the learned Judicial Magistrate Ist Class, Hisar, directing the petitioner to pay Rs. 3000/- per month to the respondent wife has been upheld.

(2.) In brief, facts as stated are that the respondent Harshlata filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Domestic Violence Act') claiming relief of maintenance. It was alleged that the respondent-wife was given severe beatings and was turned out of the matrimonial home for bringing inadequate dowry. The matter was referred to the Panchayat and subsequent thereto, the parties arrived at a compromise and the police recommended for cancellation report to be filed. The husband filed a petition for divorce before the Court at Fatehabad, which was dismissed and the appeal against the said judgment was also dismissed by this High Court. Since the act and conduct of the petitioner-husband was such, the respondent-wife filed a petition against the petitioner herein invoking provision of the Domestic Violence Act claiming maintenance.

(3.) Upon notice, the petitioner appeared and alleged that the parties had been residing separately since the year 2007 and, therefore, the instant petition filed after lapse of more than six years i.e. in the year 2013, would be barred by the period of limitation. It was further submitted that there is no report of Protection Officer regarding offences as claimed. It was further submitted that a false FIR No. 373 dated 2.8.2007 under Sections 498-A, 406/34 IPC was lodged against the petitioner herein, which stood cancelled and, in fact, a petition was filed under Section 125 of the Code of Criminal Procedure in which the respondent-wife has been awarded maintenance @ Rs. 4,000/- per month and, therefore, the petition ought to be dismissed.