SURENDER KUMAR Vs. SUMAN DEVI

JUDGEMENT

(1.) Brief facts of the case are that the non-petitioner wife filed application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005') before the learned trial court with the averments that she was married to non-applicant husband on 8th July, 2003 as per the Hindu Rites and rituals and from this wedlock one female child was born. The applicant was subjected to physical and mental cruelty by the non-applicant who threw her and her child out of the matrimonial house.

(2.) Due to the intervention of the members of the society, she joined the matrimonial house but again the non-applicant started domestic violence and thrown her out of the house. Thus, the applicant wife prayed for protection and maintenance under the provisions of the Act of 2005.

(3.) A reply to the application was filed by the petitioner non-applicant wherein he denied the allegations of the complainant.