TEJ RAM Vs. PREM LATA

JUDGEMENT

(1.) The instant criminal revision petition filed under Sections 397 and 401 of Cr.P.C. is directed against judgment dated 30.11.2010, passed by learned Sessions Judge, Kullu, District Kullu in Criminal Appeal No. 8 of 2009, affirming the judgment dated 29.1.2009 passed by learned Judicial Magistrate 1st Class, Manali in Criminal Case No. 310-I/08, whereby learned Trial Court below while allowing the application preferred on behalf of petitioner - Smt. Prem Lata filed under Section 12 of the Protection of women for Domestic Violence Act, 2005 (here-in-after referred to as the 'Act'), awarded maintenance of Rs.1200/- per month and Rs.700/- per month as rent of the residence. For the sake of convenience, the parties as referred to in the judgment of the trial Court has been referred as such.

(2.) Briefly stated facts as emerged from the pleadings are that petitioner filed an application under Section 12 of the Act, stating therein that she is legally wedded wife of the respondent.

(3.) Petitioner by way of rejoinder while denying allegation contained in reply asserted that she had moved an application before Pradhan, Gram Panchayat, Haripur and Gram Panchayat taking cognizance of the averments made in the application summoned both the parties with a view to explore the possibility of amicable settlement, if any, between the parties, however, Petitioner's husband remained adamant not to take her to house.