JEET RAM Vs. SANTOSH

JUDGEMENT

(1.) Instant petition filed under Article 227 of the Constitution of India is directed against the judgment dtd. 7/12/2016 passed by the learned Addl. Sessions Judge(II), Shimla, Camp at Rohru, reversing the order dtd. 22/8/2015 passed by the learned Addl. Chief Judicial Magistrate, Court No.1, Rohroo, Distt. Shimla (H.P.), whereby learned Addl. Chief Judicial Magistrate restrained the petitioners herein from doing any act of domestic violence against the respondent herein.

(2.) Brief facts as emerged from the record are that the respondent-complainant preferred an application under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act'), seeking therein protection order, residence order and monetary relief in her favour. However, fact remains that respondent-complainant was held entitled only for protection order in her favour and the petitioners were prohibited from doing any act of domestic violence against the respondent- complainant.

(3.) Respondent-complainant being aggrieved and dissatisfied with the aforesaid order passed by the learned Addl. Chief Judicial Magistrate, Court No.1, Rohroo, preferred an appeal under Sec. 29 of the Act in the Court of learned Addl. Sessions Judge(II), Shimla, Camp at Rohru, which came to be registered as Cr. Appeal No.12-R/10 of 2015. Aforesaid appeal was accepted by the learned Addl. Sessions Judge and the respondent herein was held entitled to maintenance to the tune of Rs.10,000.00 per month from petitioner No.1 herein. Learned Addl. Sessions Judge further directed the petitioners herein either to provide separate accommodation in shared house hold or to give Rs.5000.00 as rent for separate accommodation, if any, to be hired by the respondent-complainant.