JAGAT RAM Vs. TWARKU DEVI

JUDGEMENT

(1.) By way of instant petition, the petitioner has assailed order dtd. 8/3/2022 passed by learned Additional Sessions Judge (I) Mandi, District Mandi, H.P. in Criminal Appeal No. 53 of 2016, whereby order dtd. 24/8/2016 passed by learned Judicial Magistrate 1st Class, Karsog, District Mandi, H.P. in D.V.A. Petition No. 3 of 2015 has been set aside.

(2.) The respondent (hereinafter referred to as 'wife') filed a petition under Sec. 12 of the Domestic Violence Act 2005 (for short 'the Act') against the petitioner (hereinafter referred to as 'husband') with a prayer to grant protection and residence orders besides monetary relief. It was alleged by the wife that after her marriage with husband, two children were begotten. Initially her relations with husband were cordial, but after about 5-6 years of the marriage, husband started maltreating her. The wife had also acquired the knowledge that husband was maintaining illicit relationship with another lady. Once, the dispute inter se the parties was taken to Gram Panchayat and a compromise was effected, however, husband did not adhere to its terms. Husband did not leave the company of another lady despite repeated requests by the wife. The husband had even started living permanently with the other lady at Chandigarh. On 9/4/2015, husband had misbehaved with wife and after threatening to kill her had taken her jewelery. Husband had also snatched keys of the shop and had taken a sum of Rs.25,000.00 from the shop. As per wife, husband was having sufficient means to maintain the wife, but had neglected to do so.

(3.) Husband contested the petition and made counter allegations against the wife. He has also alleged that the wife is a quarrelsome lady and has been misbehaving with the husband. The husband was not allowed to visit his shop and the entire earnings were usurped by the wife. It was also alleged that the wife had beaten the husband and had demanded huge money by blackmailing him. The allegations of unchastity were also leveled against the wife.