PRITHU RAM Vs. BHAWNA DEVI

JUDGEMENT

(1.) Instant petition filed under Art. 227 of the Constitution of India read with S.482 CrPC, lays challenge to judgment dated 1.6.2019 passed by learned Sessions Judge, Chamba, Division Chamba, Himachal Pradesh in Cr. Appeal No. 20 of 2019, titled Prithu Ram vs. Bhawna Devi, affirming the order dated 18.2.2019, passed by learned Chief Judicial Magistrate, Chamba, in case No, 23/III/2016, whereby petition under Ss. 12, 18, 19, 20 and 22 of Protection of Women from Domestic Violence Act, 2005 (hereinafter, 'Act') having been filed by respondent/complainant (hereinafter, 'respondent') came to be allowed.

(2.) Precisely, the facts of the case, as emerge from the record, are that the marriage inter se petitioner and the respondent was solemnized as per Hindu rites and customs in the year 2002 and out of their wedlock two issues were born. Till the year 2008, parties to lis lived a happy married life but thereafter, when complainant was in family way, she was allegedly maltreated by her in-laws. Petitioner also accused the respondent of adultery and as such, relations inter se them became sour. In the year 2010, petitioner started running a Dhaba at Telka and under the influence of liquor, repeatedly caused cruelty upon the respondent. Allegedly the petitioner stopped providing maintenance to the respondent and as such, she by way of complaint, as detailed herein above, approached the competent court of law seeking therein maintenance as well as order of residence. Respondent specifically claimed in the complaint before learned court below that the petitioner earns Rs. 60,000/- per month from the Dhaba and agricultural land. Aforesaid claim of the respondent came to be hotly contested and resisted by the petitioner herein, who though admitted his marriage with the respondent but specifically denied factum with regard to maltreatment and cruelty, if any, meted to the respondent by him. Petitioner herein, in his reply, claimed that the respondent had illicit relations with one Mahinder Singh, who stayed with her in rented room. Petitioner also stated in reply that he constructed a double storeyed house and purchased land in the name of respondent. Petitioner further alleged that the respondent started running a fast food shop in the upper storey of his building and of her own volition, left his company, at the instigation of Mahinder Singh. On 18.12.2019, learned Chief Judicial Magistrate, Chamba, while allowing the complaint, directed the petitioner to pay Rs.2000/- per month to the complainant as monetary relief. Besides above, learned court below also directed petitioner to pay Rs. 30,000/- on account of compensation and Rs.10,000/- on account of litigation expenses. Learned court below also restrained the petitioner from committing any act of domestic violence against respondent.

(3.) Being aggrieved and dissatisfied with the order passed by learned trial Court, petitioner preferred an appeal under S.29 of the Act before learned Sessions Judge, Chamba, Himachal Pradesh, which came to be dismissed vide order dated 1.6.2019. In the aforesaid background, petitioner has approached this court in the instant proceedings, praying therein for dismissal of complaint filed by respondent after setting aside judgment and order granting maintenance passed by learned courts below.