2011 Supreme(Raj) 2534
NISHA GUPTA
Praveen Bairwa – Appellant
Versus
Aarti – Respondent
Advocates:
For the Petitioner:Surendra Surana, Advocate.
For the State: K.K. Rawal, Public Prosecutor.
For the Respondents:Shambhoo Singh, Advocate.
JUDGMENT
1. - This revision petition has been filed against the order dated 4.11.2008 whereby the appellate Court has allowed the maintenance to the respondents and quashed the judgment passed by Judicial Magistrate dated 11.10.2007.
2. Brief facts of the case are that the petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 has been filed before the Court below and after hearing the parties, the Court below has came to the conclusion that no act of domestic violence has been done by the petitioner after coming into force of the present Act and hence it had no retrospective effect and by holding this, the trial Court had rejected the application. The learned appellate Court has quashed the order of the trial Court and awarded Rs. 4,500/- per month maintenance to the respondents.
3. Heard learned counsel for the parties.
4. The only contention of the present petitioner is that the aforesaid Act of 2005 has came in force from 26.10.2006 and the Act is not retrospective. All the allegations regarding domestic violence have been committed before the Act came in force. There is no dispute that the parties are not residing with each other since 29.6.2005 and
Click Here to Read the rest of this document