RAKESH KUMAR & ORS Vs. NISHU

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 14.06.2018, passed by the learned Additional Sessions Judge (II), Mandi, District Mandi, H.P. (Sarkaghat Court), in Cr. Appeal No. 4 of 2018, whereby he affirmed the judgment dated 17.01.2018, passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Sarkaghat, District Mandi in Case No. 50- III/2014, whereby the petition filed by the respondent for providing residence came to be allowed and the petitioner was further directed not to commit any domestic violence.

(2.) It is not in dispute that the respondent is legally wedded wife of petitioner No. 1 and petitioners No. 2 and 3 are father-in-law and mother-in-law of the respondent. From the wedlock, one son was born, who is a minor. Due to matrimonial discord, the respondent approached the Judicial Magistrate by filing an application under Section 12 of the Protection of women from Domestic Violence Act, on the allegations that every time the petitions commit domestic violence against her and in October, 2013 when her mother had come to her matrimonial home, the petitioners abused her. The respondent took up the matter with the Zila Parishad Member Vijay Luxami, who requested petitioner No. 1 to behave properly with the respondent but he refused. A compromise also took place between them, but petitioner No. 1 did not mend his ways.

(3.) In the reply filed by petitioner No. 1, he admitted the marriage as also the birth of the child but claimed that the respondent had left the matrimonial home without any reasonable cause.