MAHESH NARAYAN CHAUDHARY Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-12-1
HIGH COURT OF UTTARAKHAND
Decided on December 11,2012

Mahesh Narayan Chaudhary Appellant
VERSUS
STATE OF UTTARAKHAND,Roopam Chaudhary W/O Mahesh Narayan Chaudhary Respondents

JUDGEMENT

- (1.) HEARD .
(2.) BY means of this petition moved under section 482 Cr.P.C. the petitioner has challenged the order dated 14.06.2012, passed by Addl. Sessions Judge/Fast Track Court 7th, Dehradun in Criminal Appeal No. 02 of 2009 and Criminal Appeal No. 03 of 2009, whereby said Court has affirmed the order dated 06.12.2008, passed by Additional Chief Judicial Magistrate 1st Dehradun, in Complaint No. 9216 of 2008 "Smt. Roopam Chaudhary Vs. Mahesh Chaudhary, filed under Protection of Women from Domestic Violence Act, 2005. Learned counsel for the petitioner submitted that petitioner was posted in Mumbai and his wife lives in Dehradun, in his house. It is contended that when the petitioner reached Dehradun he stayed in Dharmsala and she did not allow him to stay in his own house. It is further submitted that the daughters of the petitioner are major, and earning members. It is also pleaded that respondent no. 2 Roopam Chaudhary (wife of the petitioner) is also an earning member, and she is a teacher. It is argued that it is the petitioner who is suffering from domestic violence. It is further submitted that impugned orders passed by the Courts below are erroneous in law, and abuse of process of law.
(3.) ADMIT the petition.;


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