PAWAN KUMAR Vs. YOGMAYA

JUDGEMENT

(1.) By way of instant petition, petitioner has taken exception to judgment dtd. 6/4/2022, passed by learned Sessions Judge, Chamba in Cr. Appeal No. 4 of 2022, whereby the appeal of respondent/complainant filed under Sec. 29 of Protection of Women from Domestic Violence Act, 2005 (for short the Act) has been allowed and the matter has been remanded to learned trial Court for deciding afresh after affording opportunities to the parties to lead evidence for proving/disproving the birth certificate and after calling the domestic incident report.

(2.) The parties hereafter shall be referred by the same status, which they held before learned trial Court.

(3.) An application under Sec. 12 of the Act was filed by petitioner before learned Judicial Magistrate 1st Class, Chamba against respondent, seeking protection order under Sec. 18, residence/accommodation allowance under Sec. 19, maintenance allowance under Sec. 20 and compensation order under Sec. 22 of the Act. For the purpose of adjudication of instant petition, it will suffice to notice only the relevant facts. One of the allegations leveled by petitioner against respondent was that respondent had denied the paternity of the son born out of his wedlock with petitioner, which caused mental and emotional harassment and torture to the petitioner and resultantly, petitioner suffered agony and deterioration in health. Petitioner also alleged that such conduct of the respondent lowered the reputation of petitioner in the eyes of general public. On such premise, compensation was sought from respondent.