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2021 Supreme(HP) 870

SANDEEP SHARMA
Manohar Singh – Appellant
Versus
Dropti Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Y.P. Sood, Advocate
For the Respondents:M.S. Thakur, Advocate

JUDGMENT :

Sandeep Sharma, J.

Through video-conferencing.

1. 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 v. 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 inter se 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 inter se respondent-wife

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