HIMANI MAINI Vs. CHIRAG MAINI

JUDGEMENT

(1.) The petitioner is wife of the respondent, their marriage having run into rough weather. She had instituted a case (V No. 210/2012) invoking the provisions contained in the Protection of Women from Domestic Violence Act, 2005 in the Court of Metropolitan Magistrate for Shahdara District with allegations, inter alia, of she having been subjected to domestic violence at the hands of the respondent husband and members of his family.

(2.) The parties were referred to the process of mediation to explore the possibility of amicable resolution. The settlement was recorded on 27.11.2012, on the basis of which the proceedings before the Metropolitan Magistrate stood disposed of by order dated 27.11.201 It may be added here that as per the terms of settlement in mediation, the parties had resolved to resume cohabitation though in a rented accommodation to be taken out by the respondent, he having agreed to "properly maintain" his wife (the petitioner) and the daughter, both sides having undertaken to respect the feelings of and cooperate with each other and to discharge their matrimonial obligations.

(3.) It appears, the grievances of the petitioner continued, she lodged reports with the police on 24.08.2013, 29.10.2013 and 21.09.2014 about she having continued to suffer domestic violence at the hands of the respondent. In the wake of the said police complaints, she also moved an application for revival of the proceedings in the Domestic Violence case. Her prayer was granted by the Metropolitan Magistrate by order dated 10.04.2015.