MEENU Vs. ANANT KUMAR

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, challenge has been laid to judgment dtd. 17/11/2017, passed by learned Sessions Judge, Kullu, District Kullu, H.P., in Criminal Revision No.4 of 2016, whereby order dtd. 8/4/2016, passed by learned Chief Judicial Magistrate Lahaul-Spiti at Kullu, District Kullu, H.P., in Petition No.640-1/2011, came to be partly set-aside.

(2.) Precisely, the facts of the case as emerge from the record are that the marriage interse petitioner and respondent No.l was solemnized on 10/7/1999 as per Hindu rites and customs and out of their wedlock, one son namely, Adhiraj was born. Since both the parties were unable to live together on account of certain differences, their marriage ultimately came to be annulled by way of decree of divorce passed by learned District Judge, Kullu, District Kullu, H.P. vide judgment dtd. 6/1/2015. It is not in dispute that decree of divorce passed by competent court of law has attained finality. Record reveals that prior to passing of decree of divorce, petitioner had filed some proceedings under Protection of Women from Domestic Violence Act and a petition under Sec. 125 Cr.P.C for maintenance.

(3.) Vide order dtd. 8/4/2016, learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu while allowing the application under Sec. 12 of Protection of Women from Domestic Violence Act having been filed by the petitioner, awarded monthly maintenance at the rate of Rs.4000.00 per month in favour of the petitioner from the date of filing of the petition and also directed respondent No.l to provide the petitioner with one room, one bathroom and one kitchen at village Mohal, Tehsil and District Kullu, H.P.