OMA DEVI Vs. PYARE RAM

JUDGEMENT

(1.) This revision is directed against judgment dated 20.6.2013 rendered by learned Sessions Judge Kullu in Criminal Appeal No. 3/2013.

(2.) "Key facts" necessary for adjudication of the present petition are that the petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (herein after referred to as 'Act' for brevity sake) against the respondent. According to her, she is legally wedded wife of the respondent. Their marriage was solemnized in the year 2006 as per local customs and they lived together as husband and wife till 2008. Respondent discharged obligations towards the petitioner and his family members sincerely. However, after the birth of a daughter, behaviour of the respondent changed. He started maltreating and torturing the petitioner without any reason. Respondent stopped maintaining and providing even the bare necessities of life. In the month of December 2010, petitioner was ousted by the respondent after giving her severe beatings. As per the averments in the petition/application, respondent has developed illicit relations with one Babali and an illegitimate son was born to them. Petitioner has no source of income. Respondent has neglected to maintain the petitioner and her daughter though the respondent has sufficient means as he owns an orchard and his income was more than Rs. 20,000/- per moonth.

(3.) Application was contested by the respondent. Respondent has denied that the petitioner is his wife. He was married to Babali. A son was also born to them. He was not legally bound to maintain the petitioner.