KAVITA Vs. JAGDISH

JUDGEMENT

(1.) Petitioner - Kavita (daughter-in-law) has filed the present revision petition impugning the order dtd. 17/12/2018 passed by Additional Sessions Judge, Palwal, whereby the appeal filed by the respondent (father-in-law) against order dtd. 6/1/2018 passed by Judicial Magistrate 1st Class, Palwal in an application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, "the Act") was allowed and the Appellate Court, while setting aside the order dtd. 6/1/2018, has directed the trial Court to pass a fresh order on the application, so filed by the petitioner for interim relief.

(2.) Briefly stated, the petitioner filed an application titled as Kavita Ver vs. Vishnu and others under Sec. 12 of the Act against her husband and in-laws for grant of interim maintenance on the averments that marriage of the petitioner (Kavita) and Vishnu was solemnised on 17/6/2011 and a daughter Bhumika was born to them out of this wedlock. However, ever since the marriage of the petitioner, she was harassed and subjected to domestic violence by the accused. Demand of dowry in the shape of cash amount of Rs.1,51,000.00 and a car was raised. In 2011, the petitioner was ousted from her matrimonial home, after giving severe beatings to her and since then, she is living at her parental house and she is not able to maintain herself and her daughter. Her husband Vishnu was working with JP Group, Noida and is also having 5 acres of agricultural land in Haryana, whereas the other respondents, as arrayed in the application, were also having income of more than Rs.20,000.00 per month from the business of selling milk. However, Vishnu (husband of the petitioner) was absconding from his house in order to avoid payment of maintenance and further litigations and he has been declared as proclaimed offender.

(3.) The trial Court after hearing the parties and considering the fact that husband of the petitioner, who was arrayed as respondent no.l in the application so filed by the petitioner for grant of interim maintenance, was reportedly absconding and has been declared as proclaimed offender, has taken recourse to Sec. 2(q) of the Act and directed respondent no.2 therein, who is none else but father-in-law of the petitioner, to pay maintenance @ Rs.2,000.00 from the date of filing of the application vide order dtd. 6/1/2018.The respondent (father-in-law) filed appeal against the order dtd. 6/1/2018 passed by the trial Court before Additional Sessions Judge, Palwal. The Appellate Court while considering the averments made in paragraph 6 of the application, allowed the appeal and set aside the order dtd. 6/1/2018 passed by the trial Court, with a further direction to pass a fresh order on the application for grant of interim relief, vide impugned order dtd. 17/12/2018.