S. K. Awasthi, J. - (1.)The applicant is challenging the order dated 18.11.2014 passed in Criminal Appeal No.237/2014 by Vth Additional Session Judge, Gwalior, whereby the order dated 05.05.2014 passed by the Judicial Magistrate First Class, Gwalior, rejecting the application filed by the applicant under Section 12 of Protection of Women from Domestic Violence Act, 2005 (in short ' the Act of 2005') has been affirmed.
(2.)The facts leading to filing of the present application are that the present applicant is the wife of respondent D.C.Sharma having two offspring one boy and one girl from their wedlock. It is alleged that due to continuous harassment and cruelty by the respondent, the applicant is living separately in Gwalior since 2005. The respondent is a retired Senior Section Engineer from the Central Railway, Mumbai and he received retirement benefit of Rs.17,00,000/- approximately. The respondent has also having ancestral property in Agra City. It is further alleged that the respondent has earned large income from many sources during his tenure in service as well as after retirement and therefore, he had indulged in unfair or illegal activities. Whenever the applicant attempted to prevent the respondent, he started beating the applicant. The respondent is not having any worry for getting marry the young daughter. Neither the respondent is paying the rent of the house at Gwalior in which the applicant is living at present nor he is paying any maintenance to her.
(3.)The applicant had filed an application under Sections 18, 19 and 20 of the Act 2005 before the trial Court to restrain the respondent from the transferring and alienating the ancestral property, to stop him from operating Bank locker and to direct him for giving maintenance amount. The respondent had filed the reply.