YADAV PATTI Vs. SUNITA KUMARI

JUDGEMENT

(1.) Both the petitions are arising out of the same judgment and similar facts are involved in both the petitions, hence, both these petitions were taken up together for hearing and are being disposed of by this common judgment.

(2.) The present petitions, under Section 482 of the Code of Criminal Procedure, have been maintained by the petitioner, who was the respondent before the learned trial Court (hereinafter to be called as "the respondent"), against the judgment, dated 01.09.2016, passed by learned Additional Sessions Judge (II) Mandi, District Mandi, H.P., in Cr. Appeal No. 17/15/2013, whereby order, dated 31.05.2013, passed by the learned Judicial Magistrate 1st Class, Chachiot at Gohar, District Mandi, H.P., in complaint No. 108-I/2012/35-III/2012, was upheld, except maintenance allowance, which was increased from Rs. 2,000/- to Rs. 5,000/- per month from the date of filing of the petition.

(3.) Briefly the facts of the case are that the respondent, who was the petitioner before the learned trial Court (hereinafter to be called as "the petitioner") has filed a complaint against the respondent, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be called as "the Act"), wherein she alleged that she is legally wedded wife of the respondent and her marriage with the respondent was solemnized on 24.09.2007, by execution of the affidavits and thereafter they resided together as husband and wife. It has been further alleged that in the year, 2008, when she got pregnant, the child got aborted. Thereafter, she also conceived in the year 2009, but the child met with the same fate. However, on 24.07.2012, she gave birth to a male child. As per the petitioner, earlier the behavior of the respondent towards her was very cordial, however thereafter the same had changed gradually and he stopped caring for the petitioner and even started denying their relationship of husband and wife. Thereafter, the petitioner moved an application before the concerned Panchayat for entering of her name as the wife of the respondent, but the respondent objected to the same. As per the petitioner, the respondent is working as JBT Teacher at Government Primary School Brokhari and earning Rs. 25,824/- per month. To the contrary, she has no independent source of income.