GAJI RAM Vs. BADALU

JUDGEMENT

(1.) This criminal revision under sections 397, 401 of the Code of Criminal Procedure is directed against the judgment dated 30.6.2014 passed by the learned Sessions Judge, Chamba in Criminal Appeal No. 11 of 2013, whereby he set-aside the order passed by the learned Judicial Magistrate 1st Class, Chamba on an application moved by the respondent under section 12 read with sections 17, 18, 19 and 20 of Protection of Women from Domestic Violence Act, 2005 (43 of 2005) (for short, the Act) and directed the petitioners to provide accommodation to the respondent and till then to pay Rs. 2,000/- to the respondent from the date of filing of the complaint.

(2.) The allegation set out by the respondent in the complaint was that her marriage had been solemnized with Doli Ram in the year 1988 as per Hindu rites and customs and one girl was born out of the said wedlock. Doli Ram died in the year 1993 and thereafter the respondent alongwith her minor child was staying in the matrimonial home, which was in her possession prior to the death of her husband. Further allegations were that after the death of her husband, his family members, who were petitioners herein started maltreating, misbehaving and abusing her with a view to compel her to leave the room and kitchen which were in her possession and thereafter about two years back, she had been thrown out of the house.

(3.) The petitioners filed their reply taking preliminary objections regarding maintainability, estoppel and that the respondent has suppressed material facts. On merits, it was averred that after the death of her husband, the respondent started residing at her parents house alongwith her daughter and did not reside in the matrimonial home.