TARUN MAHANT Vs. SURBHI MAHANT

JUDGEMENT

(1.) Petitioners in this petition, filed under the provisions of Section 397 read with Section 482 of the Code of Criminal Procedure, 1973, have assailed the impugned order dated 25.5.2012, passed by the learned Chief Judicial Magistrate, Lahaul-Spiti at Kullu, Himachal Pradesh, in Cr.M.A. No.97-iv/2012, titled as Surabhi Mahant versus Tarun Mahant etc.

(2.) On 19.9.2001, Shri Tarun Mahant (petitioner No.1) was married to Ms Surabhi Mahant (respondent herein). The marriage was solemnized as per the customary rites. On 21.2.2009, a daughter was born out of the wedlock. Allegedly, petitioners herein treated the respondent with cruelty, as a result of which she was forced to leave the matrimonial house. As such, respondent got an FIR registered, under the provisions of Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961. After trial, the present petitioners stood acquitted by the trial Court, in relation to the said offences, in terms of judgment dated 31.3.2010, passed by learned Chief Judicial Magistrate, LahaulSpiti at Kullu, in Criminal Case NO.317-I of 2003/29-II of 2033, titled as State of Himachal Pradesh versus Tarun Mahant and others. The said judgment has attained finality.

(3.) Thereafter, respondent herein filed a petition under the provisions of Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act), claiming various reliefs under the provisions of Sections 18,19,20,21 and 22 of the Act. This petition was filed in the month of April, 2010. Notice was issued to the present petitioner.