SITARAM MANDAL, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners were opposite-parties in Criminal Misc. (D.V) Case No.04 of 2012 which was instituted on a petition filed by O.P. No.2 under section 12 of the Protection of Women from Domestic Violence Act, 2005. They were directed to pay Rs.1200/- per month to both O.P. No.2 and her daughter Sanjana Kumari each, besides litigation cost of Rs.3,000/-.

(2.) The judgment dated 19.12.2015 in Criminal Misc. (D.V) Case No.04 of 2012 was challenged by them in Criminal Appeal No.02 of 2016 which has been dismissed vide judgment dated 08.04.2016.

(3.) In the proceeding of Criminal Misc. (D.V) Case No.04, the opposite-party no.2 (hereinafter referred to as the applicant) has examined four witnesses; she has examined herself as P.W.1. She has deposed in the court that she was married to Hiralal Mandal about 12 years back and at the time of marriage gold and silver ornaments, household articles and Rs.1 lac in cash were given by her parents. Her husband was running a grossery shop and he had purchased an auto-rikshaw. Unfortunately, in the year 2010 her husband died and thereafter the opposite-parties started neglecting her. She has made various allegations of harassment and torture against them. On 24.12.2011 at about 5 p.m she was finally ousted by the opposite-parties from her matrimonial home. She has stated about a Panchayati convened on 30.07.2009 in which it was decided that ?th share of fixed deposit amount of Rs.50,000/- shall be deposited in the name of the applicant and her daughter and ?th share in the landed properties shall be given to her. She has further stated that it was also decided that Rs.1200/- per month shall be given by the opposite-parties to her for her maintenance. She has examined her father, uncle and one independent witness in support of her claim for maintenance. These witnesses have stated about her harassment and torture at the hands of the opposite-parties, Panchayati on 29.09.2009 and her ouster from her matrimonial home. The petitioners herein who were the opposite-parties have also examined four witnesses. O.P. No.1 has examined himself as D.W.1. The witnesses examined by the opposite-parties have stated about deposit of Rs.50,000/- by Kashi Nath Mandal in Sahara India and a memorandum of partition.