LAWS(HPH)-2018-7-57

SIRESTHA DEVI AND ANR. Vs. ASHA KUMARI

Decided On July 11, 2018
Sirestha Devi And Anr. Appellant
V/S
ASHA KUMARI Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Criminal Procedure Code takes exception to the judgment passed by the learned Additional Sessions Judge, on 16.03.2017, whereby he affirmed the judgment passed by the learned Additional Chief Judicial Magistrate, whereby the petitioner was directed to pay Rs. 50,000/- (Rupees fifty thousand) to the aggrieved party by way of compensation in proceedings under the Protection of Women from Domestic Violence Act (for short 'Act').

(2.) Respondent filed the complaint against the petitioners under Section 12 of the Act on the ground of her having been dispossessed and thrown out of shared household and entering the portion of the household in which she resides. It appears that the petitioners did not contest the proceedings and eventually their evidence was closed by the learned trial Court on 06.11.2015 and on the basis of the ex parte evidence led by the respondent the impugned order came to be passed.

(3.) As observed earlier, the order of the learned trial Magistrate was though assailed before the court of the learned Additional Sessions Judge by filing the appeal, however, the same has also been dismissed, constraining the petitioners to file the instant petition.