SUDHIR KUMAR & ANR Vs. KALPNA KUMARI

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (for short 'Code') has been preferred by the petitioners against the judgment, dated 2.3.2016, passed by the learned Additional Sessions Judge, Hamirpur, upholding the order dated 5.8.2014, passed by the learned Additional Chief Judicial Magistrate, Hamirpur, District Hamirpur, with a prayer to allow the present petition and set aside the impugned order passed by the learned Court below.

(2.) Brief facts giving rise to the present petition are that petitioner No.1, herein and the respondent, are husband and wife. As per the petitioner, respondent-wife filed a complaint under Sections 12, 18, 19 and 20 of the Protection of Women from Domestic Violence Act (hereinafter referred to as 'Domestic Violence Act'), before the learned Court below. It is averred in the petition that the marriage between petitioner No.1 and the respondent was solemnized on 17.11.2009 and after marriage, the petitioner started harassing her physically as well as mentally. The respondent has further alleged that the petitioner had started neglecting and also refused to maintain the respondent and has raised demand of dowry. Even otherwise, she was not regarded, as a wife, rather she was humiliated, tortured and maltreated. The respondent has further alleged that she has tried her best to settle in the family of the petitioner, but all in vain. The respondent has further alleged that on the intervention of parents, the matter was amicably settled on 12.9.2010, in the presence of witnesses and thereafter both had started living together. The respondent has alleged that even after amicable settlement between the parties, by interference of her parents, even thereafter the petitioners have started harassing her physically as well as mentally on account of the demand of dowry. The respondent was restrained from having any conversations with her parents. On 18.8.2011, respondent gave birth to a child, but the petitioner and his family members did not turn up to take care of their well being. The aforesaid act and conduct of the petitioners including his family members depicts that they have disowned the respondent in all respects having no source of income. The petitioner is working as a Lecturer in a Private Academy and earning handsome income. The respondent has left the matrimonial home at her own and the petitioner went to bring her back, respondent threatened to commit suicide and insulted him. Petitioner No.2 is an old diabetic lady suffering with blood pressure and other ailments, therefore, the allegations of domestic violence cannot sustain against her.

(3.) Learned counsel appearing on behalf of the petitioners has argued that the salary of petitioner No.1-husband, which is proved on record, the maintenance granted to the respondent-wife is very much on the higher side. He has further argued that the respondent-wife has left the company of the petitioners on her own will. He has further argued that petitioner No.1 has to maintain his mother-petitioner No.2 and he is having small house only. In these circumstances, the orders passed by the learned Courts below may be set aside.