SANJAY KUMAR Vs. SUDHA DEVI

JUDGEMENT

(1.) Instant criminal revision petition lays challenge to judgment dtd. 20/5/2019, passed by the learned Sessions Judge, Kangra at Dharamshala, District Kangra, H.P., in Criminal Appeal No. 25-K/X/2017, affirming order dtd. 20/1/2015, passed by the learned Additional Chief Judicial Magistrate, Kangra, District Kangra, H.P., in 118-IV/2011, whereby the learned trial Court while allowing the petition having been filed by the respondent under Sec. 12 read with Ss. 18 to 22 of the Protection of Women from Domestic Violence Act (in short 'the Act'), held the petitioner-respondent (In short 'the petitioner') alongwith his parents liable to pay maintenance @ 2500/- pm, to respondent-petitioner (in short 'the respondent') from the date of filing of the petition. Apart from above, court below held the respondent entitled to compensation to the tune of Rs.30,000.00 payable by the petitioner alongwith his parents.

(2.) Precisely, the facts of the case, as emerge from the record are that respondents instituted petition under Sec. 12 read with Ss. 18 to 22 of the Act, against the petitioner as well as her in laws, alleging therein domestic violence against her as well as children. Learned trial court on the basis of evidence led on record held the petitioner alongwith his parents liable to pay maintenance as has been detailed herein above.

(3.) Being aggrieved and dissatisfied with aforesaid order dtd. 20/1/2015, passed by the learned Additional Chief Judicial Magistrate Kangra, petitioner as well as his parents filed an appeal under Sec. 29 of the Act. Though learned appellate court below upheld the order of maintenance awarded by the court below, but modified the same to the extent that liability to pay entire amount of maintenance was fasten upon the petitioner. In the aforesaid background, petitioner has approached this Court in the instant proceedings, praying therein to set aside the judgment dtd. 20/5/2019 and 20/1/2015, passed by the courts below.