SHANTI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the respondent No. 2.

(2.) This writ application has been filed with a prayer for quashing the Judgement dated 15th September 2011, passed by Sri Sanjay Kumar Singh No.1, learned Judicial Magistrate, 1st Class, Bokaro, in C.P. Case No. 473 of 2010 / T.R. No. 42 of 2011, whereby on the complaint filed under the Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as "Act"), by the respondent No. 2, who is the wife of the petitioner, in exercise of the power under Section 18 of the Act, the petitioner has been prohibited from committing any act of domestic violence upon his wife. The order of residence has also been passed by the learned trial Court below under Section 19 of the Act, entitling the wife of the petitioner to reside in the shared household of the petitioner where she was earlier residing after her marriage at village Kalapathar, P.S.-Chas (M), District Bokaro, and the petitioner has been prohibited from disturbing her in her peaceful living. The monetary relief under Section 20 of the Act has also been granted to the wife, asking the petitioner to make the payment of Rs.2,000/- per month from the date of the order in lieu of the maintenance of the complainant and her female child.

(3.) The petitioner has also prayed for quashing the Judgement dated 26.06.2012 passed by the learned Additional Sessions JudgeII, Bokaro, in Criminal Appeal No. 92 of 2011, whereby the appeal filed against the aforesaid Judgement, has been dismissed by the learned Appellate Court below.