SHEELA DEVI Vs. SHIVANDER PAL SINGH AND ORS.

JUDGEMENT

(1.) THIS petition is instituted against the judgment dated 7.5.2009 rendered by learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., in Criminal Appeal No. 18 -N/10 of 2008.

(2.) "Key facts" necessary for the adjudication of this petition are that the petitioner, filed a complaint against the respondents in the Court of learned Judicial Magistrate, 1st Class, Court No. 2, Paonta Sahib, District Sirmaur. According to the petitioner, she was legally wedded wife of respondent No. 1, Shivander Pal,. Three Children, namely, Bhupender alias Vivender, Gogi and Shibu were born out of the wedlock. The children were in her care and custody. She was tortured by the respondents time and again and treated with cruelty. She was unable to fulfill dowry demand of the respondents. She was forced to leave the matrimonial house. She was put on fire. She was not got medically treated by the respondents. She was got medically treated by her parents. Respondent No. 1 while visiting house of her parents at Rajpur, used to prevail upon to take her back to matrimonial house. Her son Master Bhupender Singh alias Vivender was studying in private school at Rajpur. However, in the month of January 2007, respondent No. 1 took forcible custody of her child. It is in these circumstances, she filed petition against the respondents.

(3.) LEARNED Judicial Magistrate vide order dated 25.8.2008 allowed the petition. The petitioner was held entitled to receive a sum of Rs. 30,000/ - as compensation from the respondents and maintenance at the rate of Rs. 3000/ - per month as expenses for food, clothes, medical and other basic needs from respondent No. 1. However, prayer for custody of the child, namely, Bhupinder Singh was denied.