VIDYA DEVI Vs. JAGDISH CHAND

JUDGEMENT

(1.) This revision is directed against the judgment dated 29.8.2012 passed by learned Sessions Judge, Hamirpur in Criminal Appeal No.21 of 2010, reversing judgment dated 12.3.2010 passed by learned Judicial Magistrate Ist Class, Barsar in Complaint No.09-1-2010.

(2.) The facts in brief are that petitioner mother of the respondent aged about 80 years had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005. ( for short Act) on the allegations that she is a widow having two sons including respondent. The sons are living separately, one son Hardyal is residing at Mumbai alongwith his family and respondent is living in village Balh Dodan. It has been alleged that both the sons have constructed their own houses. There is an old house which was constructed by the husband of the petitioner. The respondent had forcibly occupied that old house and not allowing the petitioner in that house. The petitioner had requested the respondent many times to vacate the said house and allow her to reside there. The petitioner is residing in one room of her younger son where it is very difficult for her to cook meals etc.

(3.) It has been alleged that respondent also abuses the petitioner. The wife of the respondent assists him in the violence.