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2021 Supreme(HP) 313

SANDEEP SHARMA
Manohar Singh – Appellant
Versus
Dropti Devi – Respondent


Advocates appeared:
Y.P. Sood, Advocate, M.S. Thakur, Advocate

JUDGMENT

Sandeep Sharma, J. - Instant Criminal Revision Petition filed under Section 397/401 of the Code of Criminal Procedure lays challenge to judgment dated 20.2.2020, passed by learned Sessions Judge, Shimla, District Shimla, H.P., in Criminal Appeal No. 32-S/10 of 2018, modifying the order dated 21.07.2018, passed by learned Judicial Magistrate 1st Class, Court No.III, Shimla, District Shimla, H.P., in Cr. Petition No.97-3 of 2017/2015, titled as Smt. Dropti Devi versus Manohar Singh, whereby an application under Section 12 of the Protection of Women from Domestic Violence Act, having been filed by the respondent-wife, came to be partly allowed.

2. Briefly stated facts, as emerge from the record are that the respondent-wife filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ( for short 'Act') against the petitioner-husband alleging therein that she is legally wedded wife of petitioner-husband and marriage interse her and petitioner-husband was solemnized about 30 years back as per Hindu rites and customs and out of their wedlock, two children were born. Though, initially relations interse respondent-wife and petitioner-husband remai

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