ANIL KUMAR Vs. SHASHI BALA

JUDGEMENT

(1.) Delinked from FAO(HMA) No. 205 of 2011.

(2.) Instant petition filed under Sec. 482 Crimial P.C. is directed against judgment dated 4.12010 passed by Additional Sessions Judge, Fast Track Court, Hamirpur in Criminal Appeal No. 30 of 2009, reversing judgment dated 24.3.2009 passed by Judicial Magistrate 1st Class, Court No. III, Hamirpur in Domestic Violence Complaint No. 2-1 of 2009, whereby application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter, 'Act'), having been filed by respondent No.1-complainant ('complainant', hereafter), came to be dismissed.

(3.) Briefly stated the facts as emerge from the record are that the complainant preferred an application under Sec. 12 of the Act alleging therein that she was married to appellant-Anil Kumar as per Hindu rites and customary ceremonies on 17.6.2003 and two children were born out of said wedlock. Complainant further averred that she was turned out by her in-laws. Complainant further claimed that after being ousted from the house, she remained in her parents' house for eight months and came back on 22.11.2008, when her father-in-law did not allow her to enter the house. After two days, she went back to her parents' house. On 14.12.2008, when she again came back, she was taken out of the room and was not allowed to meet her children. Complainant further alleged that false allegations have been levelled against her. She further complained that on 212.2008, all of her family members had left the house by locking it and since then she had been residing in her courtyard and bathroom respectively. Her husband had also gone away with other family members. In the aforesaid background, Complainant prayed for providing protection under Sections 18, 19, 20 and 21 of the Act.