RAHUL SOOD Vs. URVASHI SOOD & ANOTHER

JUDGEMENT

(1.) These petitions arising out of common judgment dated 04.03.2017, passed by learned Additional Sessions Judge, Kullu, H.P. in Criminal Appeals No. 34 and 35 of 2016, are being decided by this judgment together, as the common question of law and facts based on the identical evidence on record, is involved therein.

(2.) Brief facts of the case are that petitioner and respondent No. 1 were married on 08th July, 2007, whereafter they were blessed with a female baby on 26th Nov., 2009. However, prior to the birth of the baby, as claimed by respondent No. 1, she was ousted from the matrimonial house during her pregnancy in the midnight hours and after birth of female child, she was not allowed to cohabit in her matrimonial house. Though, the matter was tried to be settled through Himachal Pradesh Mahila Kalyan Mandal, however, petitioner had shown reluctance to attend the counseling and on 3rd June, 2010, filed a petition for judicial separation before learned District Judge, Kullu.

(3.) Respondent No. 1 had also preferred complaint No. 208-i/2010, under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act') on 11.06.2010 before learned Chief Judicial Magistrate, Kullu, alleging therein the maltreatment and harassment to her including demand for dowry and neglecting her (respondent No. 1) and daughter (respondent No. 2) by not providing sufficient means, money and support to maintain them and also making remarks that for giving birth to a female child, her chances to reside in matrimonial house were nil. The respondent-petitioner herein had contested the application refuting all allegations and alleging that respondent No. 1 alongwith her daughter had herself left the matrimonial house without any just cause and that complaint had been filed only to harass petitioner. After adjudicating the dispute on the basis of evidence on record, learned Chief Judicial Magistrate vide order dated 22.12.2010 had awarded maintenance allowance at the rate of Rs. 2,000.00 per month to respondent No. 1 and Rs. 1,000.00 per month to the minor daughter-respondent No 2 from the date of filing of the petition. This order was never assailed by the petitioner.