SACHIN SHARMA Vs. PALVI SHARMA

JUDGEMENT

(1.) By way of this petition, the petitioner has, inter alia, prayed for the following relief:­

(2.) Brief facts necessary for the adjudication of the present petition are that a petition filed by the respondent herein, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, stood allowed by the Court of learned Judicial Magistrate, 1st Class, Manali, District Kullu, H.P., in Criminal Case No.502­1 of 2013, titled as Palbi Sharma Versus Sachin Sharma and others, vide order dated 23.12.2016, by inter alia directing the present petitioner to pay monthly maintenance to the tune of Rs.3,000/­ per month to the present respondent/wife from the date of the order. In addition, Rs.20,000/­ was also ordered by way of compensation. Present petitioner was also restrained and prohibited from committing any cruelty and acts of domestic violence against the wife and was also directed to provide accommodation to the wife, on rent comprising of one room, kitchen bathroom and toilet or in the alternative to provide said accommodation in his own house if he was in a position to do so.

(3.) Feeling aggrieved, the petitioner filed an appeal, which was dismissed by the Court of learned Sessions Judge, Kullu, District Kullu, H.P., vide judgment dated 29.09.2018, in Criminal Appeal No.19 of 2017. For completion of facts, it is necessary to mention that it appears that the wife also filed an appeal against the order passed by the Court of learned Judicial Magistrate, 1st Class, Manali, District Kullu, H.P., which was also dismissed by the learned Appellate Court vide the same order. As wife has not preferred any further petition against the adjudication made in her appeal by the learned Appellate Court, therefore, this Court is not making any observation qua rejection of the said appeal.