The main legal point established is the entitlement of an aggrieved party to relief under the DV Act, including maintenance, protection from domestic violence, and custody of the child.

ORDER :

Petitioners have approached this Court, assailing judgment dated 19.3.2019, passed by learned Sessions Judge, Bilaspur, District Bilaspur, Himachal Pradesh, in Criminal Appeal No.8/10 of 2018, titled as Major Som Nath Palde and another vs. Pooja Kashyap, whereby order dated 8.6.2018, passed by learned Chief Judicial Magistrate, Bilaspur, in Case No.30/3 of 2016/15, titled as Pooja Kashyap vs. Major Shri Som Nath and another, filed by the respondent-wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “DV Act”), has been affirmed.

2. Petitioner No.1 is the husband of respondent, whereas petitioner No.2 is aunt (Tai) of petitioner No.1 and, for convenience, hereinafter petitioners shall also be referred to as husband and Tai, and respondent as wife.

3. Marriage of petitioner No.1-husband and respondent-wife was solemnized on 20.11.2012. For about one month, she stayed in her matrimonial home at Nasik and thereafter she accompanied her husband to his place of posting at Alwar. For untimely death of parents, husband has been brought up by his Tai, who is issueless. After some time, husband sent his wife to Nasik to stay with his Tai. During that stay, bitterness in the relations of husband and wife is stated to have been created on account of behaviour of Tai and mis-feeding by Tai to the husband. In these circumstances of strained relations, wife delivered a male child, named Adhrit, on 30.12.2013. Parental house of the wife is in Village Jaswani in District Bilaspur, Himachal Pradesh whereas husband is the permanent resident of Nasik, Maharashtra and serving in Indian Army as Major.

4. As per version of the wife, it was impossible to live with Tai for her behaviour and taunting for dowry etc., and her behavior created differences between the husband and wife and resultantly the husband stopped financial support to the wife and the husband had also become violent in behaviour and ultimately maternal uncle and mother of wife visited Nasik and in their presence also violence took place with the respondent-wife and ultimately she was brought to Bilaspur alongwith child as due to mental stress she was suffering psychotic problem.

5. Allegation of the husband is that the wife was suffering from psychotic problem prior to her marriage probably since 2010, but the fact of her ailment and treatment at IGMC, Shimla was not disclosed to him.

6. According to wife, during her treatment at IGMC, Shimla, husband came and took the child with him to the place of his posting at Kupwara and thereafter started making pressure upon her to agree for divorce and when she did not agree, he took the child from Kupwara to Nasik in order to mount pressure upon the wife and ultimately wife was forced to file complaint under the D.V. Act in the Court of Chief Judicial Magistrate, Bilaspur against her husband and Tai of husband.

7. In the complaint as well as her deposition in the Court, as PW-1, wife has narrated the incidents of violence, not extending financial support to her and behaviour of Tai as well as allegation of pressurizing her for divorce. She has admitted that she was under treatment for psychotic disorder with further qualification that it was caused because of mental stress on account of behaviour of petitioners.

8. Husband has also alleged occurrence of incident, on 9.4.2015, wherein wife had tried to jump from the moving car alongwith 14 months old child and also that on 21.1.2015 she became violent at home at Nasik and threw the kid off the bed and further that he had requested the parents of the wife to keep her with them as the old aged Tai was not in a position to take care of the wife when wife was violent.

9. On 21.4.2015, wife came to Bilaspur alongwith maternal uncle and mother for treatment as she was suffering from acute and transient psychotic disorder. According to husband, he visited to see his wife and son, but son was found to be kept with some relative of wife and he w