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2014 DIGILAW 255 (HP)

Chamaru Ram v. Pushpa Devi

2014-03-24

RAJIV SHARMA

body2014
JUDGMENT : Rajiv Sharma, J. This petition is instituted against the order dated 19.9.2013 rendered by learned Sessions Judge, Mandi, H.P., in Criminal Appeal No. 3/2013. 2. "Key facts" necessary for the adjudication of this petition are that the respondent filed an application under Sections 12, 18, 20 and 23 of the Protection of Women from Domestic Violence Act, 2005 against the petitioner. Marriage between the parties was solemnized in the month of February 1988 according to Hindu rites and customs. Three children were born out of the wedlock. The petitioner was habitual drunkard and used to maltreat and beat the respondent without any reason and rhyme. She was ousted from the house by the petitioner. The petitioner has solemnized second marriage with one Kamla Devi. The petitioner has refused to provide maintenance to the respondent for the last one year. She has no independent source of income. The petitioner was serving as a Beldar/Mason in HPPWD, Sub Division Dharampur and drawing Rs.15,000/- per month. 3. Learned Judicial Magistrate, 1st Class, Court No.2, Mandi, vide order dated 13.12.2012 ordered the petitioner to pay interim maintenance at the rate of Rs.3000/- per month to the respondent from the date of filing of the application. 4. The petitioner filed an appeal before the learned Sessions Judge, Mandi, who dismissed the same vide order dated 19.9.2013. Hence, the present petition. 5. The respondent has placed on record copy of the Pariwar Register, issued on 28.5.2012 by the Secretary, Gram Panchayat Dharampur, wherein respondent Pushpa Devi is recorded as wife of the petitioner and Sanjay Kumar and Bablu are recorded as children of the petitioner. The Pariwar Register pertains to Village Kulswai. The petitioner is residing in the same village. Prima facie, it proves the marriage of the petitioner with the respondent. Petitioner has also placed on record a copy of Pariwar Register dated 22.5.2012 issued by the Secretary, Gram Panchayat Dharampur, wherein Kamla Devi is recorded wife of the petitioner and Ram Chander and Arti are recorded as son and daughter of the petitioner. According to the respondent, the petitioner has ousted her and started living with Kamla Devi. The petitioner is employed as Belder/Mason in HPPWD, Sub Division Dharampur. The petitioner has solemnized second marriage with Kamla Devi. Respondent has no independent source of income. According to the respondent, the petitioner has ousted her and started living with Kamla Devi. The petitioner is employed as Belder/Mason in HPPWD, Sub Division Dharampur. The petitioner has solemnized second marriage with Kamla Devi. Respondent has no independent source of income. Respondent has also placed on record salary certificate of the petitioner, according to which his salary is Rs.11,886/- per month. He has sufficient means. The petitioner has not led any tangible evidence that he has been providing maintenance to the respondent. The respondent has been forced to leave the matrimonial house. Respondent is living separately. The petitioner has committed acts of domestic violence. The Courts below have correctly appreciated oral as well as documentary evidence and the orders passed by the learned courts below are strictly in accordance with the provisions of the Protection of Women from Domestic Violence Act, 2005. 6. Accordingly, in view of the observations and analysis made here-in-above, there is no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No order as to costs. Petition dismissed.