Kunwar Singh@ Shishu Pal Singh v. State of Uttarakhand
2017-03-01
RAJIV SHARMA
body2017
DigiLaw.ai
JUDGMENT : Rajiv Sharma, J. This petition is directed against the order dated 24.09.2016 rendered by learned Judicial Magistrate, Rudraprayag in Misc. Criminal Case No.27 of 2015 along with the judgment and order dated 16.12.2016 rendered by learned Sessions Judge, Rudraprayag in Criminal Appeal No.13 of 2016, “Kunwar Singh & another vs. State of Uttarakhand & another”. 2. “Key facts” necessary for adjudication of this petition are that the respondent no.2 got married with the son of the applicants namely Trilok Singh in the year 2003. Two daughters were born out of their wedlock. The relations between the husband and wife were strained. The respondent no.2 filed a complaint under the provisions of Protection of Woman from Domestic Violence Act, 2005 (hereinafter referred to as “The Act, 2005”) before the competent authority. The order was passed on 12.11.2014 by learned Civil Judge (Sr. Div.)/Judicial Magistrate, Rudraprayag. 3. Thereafter, respondent no.2 filed another complaint under the Act, 2005. Learned Judicial Magistrate, Rudraprayag issued the protection order against the applicants vide judgment and order dated 24.09.2016. 4. Petitioners feeling aggrieved by the order dated 24.09.2016 filed an appeal before the learned Sessions Judge, Rudraprayag on 28.09.2016 and the same was dismissed vide order dated 16.12.2016. 5. The learned Civil Judge (Sr. Div.)/Judicial Magistrate, Rudraprayag has ordered on 12.11.2014 that the respondent no.2 shall not be ousted from the matrimonial house. 6. It appears from the record that the respondent no.2 was living in one room and the learned Judicial Magistrate, Rudraprayag vide order dated 24.09.2016 ordered for providing another room, kitchen and bathroom with water and electricity connection. 7. Learned Sessions Judge, Rudraprayag has upheld the order dated 24.09.2016. However, learned counsel appearing on behalf of the applicants-petitioners has agreed that respondent no.2 would be permitted to live in a room which is under her possession and that would be provided with separate kitchen and bathroom with water and electricity connection. Learned counsel appearing on behalf of the respondent no.2 is not averse to this suggestion. 8. Accordingly, the order dated 24.09.2016 passed by learned Judicial Magistrate, Rudraprayag is modified to the extent that the respondent no.2 would be permitted to retain the room where she is residing and would be permitted to have separate kitchen and bathroom. The water and electricity connection shall be provided within a period of one month from today by the petitioners. 9.
The water and electricity connection shall be provided within a period of one month from today by the petitioners. 9. The order dated 24.09.2016 and judgment dated 16.12.2016 will stand modified to this extent. Rest of the order and judgment are upheld. 10. In view of the observations and directions made hereinabove, this petition stands disposed of.