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2022 Supreme(HP) 263

SANDEEP SHARMA
Chanchal Kumar S/O Swarn Singh – Appellant
Versus
Saroj Rani W/o Shri Chanchal Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. LAKSHAY PARIHAR, ADVOCATE
For the Respondent:MR. DIVYA RAJ SINGH, ADVOCATE

ORDER :

2. By way of instant petition filed under S. 397 read with S.401 CrPC, challenge has been laid to judgment dated 3.9.2020 passed by learned Additional Sessions Judge, Court No.II, Una, Himachal Pradesh in Cr. Appeal No. 77 of 2019, affirming/modifying order dated 21.10.2019 passed by learned Judicial Magistrate First Class, Court No (III), Una, District Una, Himachal Pradesh in Complaint No.CNR HPUN02-000643-2012 (Domestic Violence Act No. 167-2013) titled Saroj Rani v. Chanchal Kumar, whereby learned trial Court, while allowing application under S.12 of Protection of Women from Domestic Violence Act (hereinafter, ‘Act’), filed by the respondents, held them entitled to maintenance to the tune of Rs. 4,000/- each, per month.

3. Precisely, the facts of the case, as emerge from the record, are that the respondents, who happen to be wife and son of the petitioner, instituted a complaint under S. 12 of the Act in the competent court of law, alleging therein that the marriage inter se petitioner and respondent No.1 was solemnized on 5.11.2017 at village Jalgran Tabba, Una, Himachal Pradesh, as per Hindu rites and customs and out of their wedlock, respondent No.2 was born on 27.9.20

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