LAWS(HPH)-2019-11-194

USHA DHIMAN Vs. AJAY DHIMAN

Decided On November 29, 2019
Usha Dhiman Appellant
V/S
Ajay Dhiman Respondents

JUDGEMENT

(1.) The petitioner, had, instituted a complaint, constituted, under, the provisions, of, Sections 18, 19, 20, and, Section 21, of, the Protection, of, Women, from, Domestic Violence Act, hence, against the respondent, (a) upon the afore complaint, the learned trial Magistrate concerned, made, an order, hence, directing Sh. Ajay Dhiman, to, provide accommodation, of, one room along with kitchen and toilet, in, the vicinity, of, Palampur, (b) and, also directed him to pay a sum of Rs. 800/- per mensem, as rent qua the aforesaid accommodation.

(2.) Both the respondent(s), and, the petitioner, becoming aggrieved from the afore verdict made, upon, Criminal Case No. 119-IV/2010, hence, instituted thereagainst separate criminal appeals, before, the learned Sessions Judge Kangra, and, both appeals were decided, under, a common verdict, made, on 28.2.2017, (i) and, therethrough, the verdict assailed therebefore, became modified, (ii) in as much, as, the pecuniary rental sums, as determined earlier, by the learned trial Magistrate concerned, became enhanced, from, Rs. 800/- per mensem to Rs. 1500/- per mensem. The petitioner Usha Dhiman, is yet, aggrieved therefrom, and, has strived, to cast, a challenge, against, the verdict of 28.2.2017, by hers instituting, a, time barred criminal revision petition, before this Court.

(3.) The criminal revision petition, is barred, by a period of one year one month and ten days, and, after completion, of, pleadings upon Cr.MP(M) No. 849 of 2018, this Court under orders, recorded on 5.4.2019, formulated the hereinafter extracted issue:-