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2022 Supreme(HP) 393

VIVEK SINGH THAKUR
Major Somnath Palde, Son Of Punja Palde – Appellant
Versus
Pooja Kashyap Wife Of Major Somnath Palde – Respondent


Advocate Appeared:
For the Appellant :Ms. Neelam W. Bakshi, Ms. Anita Jalota, Advocates
For the Respondent:Mr. Atul Jhingan, Advocate

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

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