RAKESH SACHDEVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State, as also learned counsel for the complainant opposite party No. 2.

(2.) The petitioners are aggrieved by the Judgement dated 03.10.2012 passed by learned Additional Sessions Judge-II, Dhanbad, in Cr. Appeal No. 184 of 2010, whereby the appeal filed against the Judgement and Order dated 19.07.2010 passed by Smt. Veena Mishra, learned Judicial Magistrate, 1st Class, Dhanbad, in C.P. Case No. 754 of 2009 / T.R. Case No. 727 of 2010, has been dismissed by the learned Appellate Court below.

(3.) It may be stated that in the complaint filed under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act ), the petitioner No. 1, who is the husband of the complainant, has been directed to provide an alternative accommodation to the victim complainant of the same level as being enjoyed, or pay rent for the same. He has also been restrained from renouncing his rights in the shared household. The petitioner No. 1 has further been directed to make the payment of Rs.2,000/- per month for a period of 9 years and 1 month prior to the order, which comes to Rs.2,18,000/-, medical expenses @ Rs.200/- per month for the same period, which comes to Rs.21,800/- and to make the payment of compensation of Rs.50,000/- for mental injury, and he has been further directed to make the payment of Rs.6,000/- per month towards the food, clothing, medication etc., from the date of filing of the case. All the petitioners have been directed to make the payment of Rs.10,000/- each, as compensation to the victim complainant under section 22 of the Act and they were also refrained from restraining the complainant from continued access to her personal effects in the shared household. The petitioner No. 1 has also been directed to make the payment of 50% of the arrears of Rs.6,000/- per month from May, 2009 till July, 2010, within a period of two months and the rest arrear amount and other amounts within a period of six months in three installments. In view of the fact that it was found by the Trial Court that the complainant was residing outside her matrimonial house / shared household and as there was no evidence against which the respondents be restrained from committing domestic violence, she was not found entitled to any relief under section 18 of the Act.