SUMAN KUMAR Vs. ASHA DEVI

JUDGEMENT

(1.) Present criminal revision petition is filed against order passed by learned Additional Sessions Judge Ghumarwin District Bilaspur H.P. Camp at Bilaspur in Criminal Appeal No. 43 -10 of 2011 whereby learned Appellate Court affirmed order of learned Judicial Magistrate Ghumarwin District Bilaspur H.P. dated 17.8.2011 announced in case No.3/3 of 2011/2010 under Section 12 of Protection of Women from Domestic Violence Act 2005. Brief facts of the case:

(2.) Asha Devi aggrieved person through Protection Officer filed application before Judicial Magistrate under Section 12 of 1 Protection of Women from Domestic Violence Act 2005 against revisionists pleaded therein that non -revisionist was beaten in her matrimonial house. It is further pleaded that dowry was also demanded by revisionists from non -revisionist. Relief under Sections 18, 19, 20, 21 and 22 of Protection of Women from Domestic Violence Act 2005 sought.

(3.) Per contra response filed on behalf of revisionists pleaded therein that aggrieved person namely Smt. Asha Devi has number of time given beatings to revisionist No.1 and kept revisionist No.1 inside the room by bolting door from outside. It is further pleaded that non -revisionist brought dowry articles along with her to her parental house. It is further pleaded that non - revisionist has no cause of action to file the application under Protection of Women from Domestic Violence Act 2005. It is further pleaded that non -revisionist is estopped to file application by her own acts, conducts, omissions and commissions. Prayer for dismissal of application sought.