SUNEEL KUMAR Vs. ANJANA DEVI AND ANOTHER

JUDGEMENT

(1.) This revision is directed against the judgment dated 26.11.2012 passed by learned Additional Sessions, Fast Track Court, Hamirpur in Criminal Appeal No.37 of 2012, affirming order dated 19.8.2011 passed by learned Judicial Magistrate Ist Class, Barsar in Petition No.15-1-2010.

(2.) The facts in brief are that respondents had filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ( for short Act) against petitioner and three others on the allegations that respondent No.1 and petitioner were married on 28.11.2004. Initially the couple lived happily but thereafter behaviour of the petitioner and his family members changed and they started demanding dowry from respondent No.1, who was ill-treated. The petitioner threatened to divorce respondent No.1 and remarry another lady. On 17.4.2006, the respondent No.1 was severely beaten by petitioner and his family members, she was turned out from matrimonial home. At that time respondent No.1 was pregnant.

(3.) On 24.5.2006, respondent No.1 gave birth to respondent No.2 when she was living with her parents. The expenses of the delivery were borne by the parents of respondent No.1. The petitioner did not help respondent No.1 financially nor he visited respondent No.1. The respondent No.2 is studying in school. The respondents have no source of income. The petitioner is earning more than Rs. 25,000/- from salary and agriculture income. The respondents prayed maintenance Rs. 5,000/- per month, separate residential accommodation, compensation Rs. 20,000/- on account of mental torture and harassment. They also claimed Rs. 5,000/- as litigation expenses.