LAWS(HPH)-2016-9-36

SANDEEP KUMAR THAKUR Vs. MADHUBALA

Decided On September 02, 2016
Sandeep Kumar Thakur Appellant
V/S
MADHUBALA Respondents

JUDGEMENT

(1.) This petition is instituted against the impugned order dated 23.3.2016 rendered by learned Sessions Judge, Una, H.P., in Criminal Appeal Nos. 70/2015 and 71/2015.

(2.) The key facts necessary for the adjudication of the petition are that the marriage between the parties was solemnized as per Hindu rites and customs and out of the wedlock, a male child was born. The respondent filed an application under Sections 12, 17, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "Act" for brevity sake) against the petitioner and his mother, Rupindera Devi. The application was contested by the petitioner. During the pendency of the aforesaid application, the petitioner also filed an application seeking permission to meet his minor son, Ayudeep, who was in the custody of respondent.

(3.) Mr. Subhash Sharma, learned Advocate appearing for the petitioner, has vehemently argued that the appeal was maintainable under Section 21 of the Act.