RAM PRAKASH Vs. SNEH LATA ALIAS MALKA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Revision No. 204 of 2011 and Criminal Revision No. 243 of 2011 both having arisen out of order dated 08.07.2011 passed by learned Sessions Judge, Kangra at Dharamshala, in Criminal Appeal No. 71-P/X-2010. The facts are given from Criminal Revision No. 204 of 2011. The respondent had filed an application under Section 12 of the Protection of Women from Domestic Violence Act 2005, (for short 'Act') through Protection Officer against the petitioner. It has been alleged that marriage of respondent and petitioner was solemnized in 'Chamunda Mata' temple in June, 2002. The respondent was earlier married to Hem Raj and had two children from him. The petitioner contacted second marriage with respondent as his son was mentally retarded. Initially, the petitioner and his family members treated respondent properly. The respondent by raising loan and doing labour work had constructed two rooms and was living with her children in those rooms from the year 2004 to March, 2009. The behaviour of petitioner after the year 2004 changed and he tried to oust the respondent from her house. The petitioner tried to persuade the respondent to live in a rented house. The electricity supply to her house was disconnected and she was forced to leave the house.

(2.) The petitioner had undertaken to construct two separate rooms for respondent and to pay Rs. 700/- per month on the intervention of police at Baijnath, but he did not act upon his undertaking. The respondent moved an application for restoration of electricity meter, but that was objected by her mother-in-law Sarla Devi and Sister-in-law Raksha Devi, a dispute had arisen and the respondent was forced to take shelter in a house in the same village. Thereafter, the petitioner etc. locked her rooms and her articles as well as books of the children in those rooms.

(3.) The respondent filed a complaint to State Commission for Women which was referred to the Superintendent of Police, Kangra at Dharamshala. The complaint of the respondent was referred to Protection Officer, Baijnath. The Protection Officer on the basis of application moved by respondent as well as her complaint received from State Commission for Women through Superintendent of Police, Kangra at Dharamshala, prepared domestic violence report and filed the application before the Court. The respondent prayed for passing of protection order, residence order, restraining the petitioner from dispossessing her out of the shared house and allowing her to enter that portion of the shared house in which she was residing. She also prayed monetary relief amounting to Rs. 3,000/- on account of loss due to destruction/damage or removal of property Rs. 5,000/- per month for food, clothes, medication and other basic necessities, school fees and other expenses.