KALA DEVI Vs. MEHAR SINGH

JUDGEMENT

(1.) Petitioner-applicant (hereinafter referred to as "the applicant") filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short "the Act") in the Court of learned Judicial Magistrate Kullu, District Kullu, H.P., praying therein; (i) protection order under Section 18 of the Women from Domestic Violence; (ii) residence order under Section 19 of the Women from Domestic Violence; and (iii) monetary relief under Section 20 of the Women from Domestic Violence i.e. medical expenses to the tune of Rs. 50,000/- and physical and mental harassment Rs.1,00,000.00. Apart from above, applicant also prayed for sum of Rs. 1,50,000.00 on account of food, clothes and other necessities. In total, the applicant beside claiming monthly maintenance in the sum of Rs. 5,000.00 claimed Rs.7,00,000.00.

(2.) The applicant claimed that her marriage with respondent No.1 was solemnized in the month of July, 2012, according to Hindu Rites and Customs and as such, she being legally wedded wife of respondent No.1 is entitled for maintenance under the Act. Applicant claimed that after solemnization of her marriage, she lived with respondent No.1 as legally wedded wife and performed her marital obligations sincerely towards her husband i.e. respondent No.1 and his family members. She also stated in the application that she is a divorcee and out of her first marriage, two children were born, who at presently are living with their maternal grandmother.

(3.) The aforesaid application filed by the applicant came to be resisted by the respondent, who in his reply stated that the applicant is not his legally wedded wife. Respondent No.1 also denied factum, if any, with regard to solemnization of marriage inter-se him and the applicant. Respondent also denied the allegation of beatings, maltreating or torturing of the applicant.