SAMREEN MOINUDDIN FAROOKHI Vs. MOINUDDIN FAROOKHI

JUDGEMENT

(1.) The applicant has filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 03/01/2020 passed by appellate Court i.e. 2 nd Additional Sessions Judge, Bhopal in Criminal Appeal No.158/2019 whereby affirmed the order dated 15/02/2019 passed by the Court of JMFC by which while allowing the application jointly filed by the respondents under Section 25(2) of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'Domestic Violence Act') in M.J.C. No.3004/2012 directed the applicant to vacate the house and also directed respondent No.1 to pay Rs.3000/- per month as a rent for occupying alternate accommodation.

(2.) The facts giving rise to this petition, in short, are that the applicant got married with respondent No.1 as per Muslim rites and rituals. Respondent No.2 is father-in- law, applicant No.3 is mother-in-law , applicant No.4 is sister-in-law of the applicant. The applicant has been living in matrimonial hose along with all the respondents since marriage. Respondent No.1- husband of the applicant and respondent No.3-mother-in-law of the applicant are having joint title and possession of the questioned house (matrimonial house) where the applicant is living. While she was living in matrimonial house, she gave birth to a girl child, but, all the respondents wanted a male child, therefore, harassed her in so many occasions, beat her and did not allow her to go outside and when she got chance to go outside, she immediately filed a report against the respondents and also filed an application under Sections 12, 17, 18, 19, 20, 22 of the Domestic Violence Act and prayed for maintenance and restriction order not to interfere in the possession of the applicant in her matrimonial house. The applicant also filed an application under Section 23 of Domestic Violence Act for interim order.

(3.) Learned Court of JMFC allowed the interim application filed under Section 23 of the Domestic Violence Act and vide order dated 01/07/2013 directed respondent No.1 to pay Rs.1500/- interim maintenance to the applicant and Rs.1,000/- to her daughter and also restrained the respondents from interfering in the possession of the applicant. The respondents being aggrieved by that order, preferred an appeal registered as Criminal Appeal No.337/2013. Learned appellate Court affirmed the maintenance granted to the applicant, however, set aside the maintenance granted to her daughter and also affirmed the direction restraining the respondents to interfere in the possession of the applicant.