CHANCHAL KUMAR Vs. SAROJ RANI

JUDGEMENT

(1.)

(2.) By way of instant petition filed under S. 397 read with S.401 CrPC, challenge has been laid to judgment dtd. 3/9/2020 passed by learned Additional Sessions Judge, Court No.II, Una, Himachal Pradesh in Cr. Appeal No. 77 of 2019, affirming/modifying order dtd. 21/10/2019 passed by learned Judicial Magistrate First Class, Court No (III), Una, District Una, Himachal Pradesh in Complaint No. CNR HPUN02-000643-2012 (Domestic Violence Act No. 167-2013) titled Saroj Rani v. Chanchal Kumar, whereby learned trial Court, while allowing application under S. 12 of Protection of Women from Domestic Violence Act (hereinafter, 'Act'), filed by the respondents, held them entitled to maintenance to the tune of Rs.4,000.00 each, per month.

(3.) Precisely, the facts of the case, as emerge from the record, are that the respondents, who happen to be wife and son of the petitioner, instituted a complaint under S. 12 of the Act in the competent court of law, alleging therein that the marriage inter se petitioner and respondent No.1 was solemnized on 5/11/2017 at village Jalgran Tabba, Una, Himachal Pradesh, as per Hindu rites and customs and out of their wedlock, respondent No.2 was born on 27/9/2010. Respondents alleged in the complaint that after some time of marriage, petitioner and other family members, started harassing and torturing her. Respondent No.1 also alleged that she was repeatedly meted with cruelty and taunted for not bringing sufficient dowry, as a consequence of which, she was compelled to leave the matrimonial house and since March, 2008, since she is living with her parents without any support. She alleged that the petitioner is a mason by profession and he earns Rs.15,000.00 per month as such, necessary directions be issued to the petitioner to provide adequate maintenance to them.