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2023 Supreme(HP) 334

SATYEN VAIDYA
Hoshiar Singh – Appellant
Versus
Sarla Devi – Respondent


Advocates Appeared:
For the Petitioners: Mr. K.D. Sood, Sr. Adv. with Mr. Sanjeev Sood, Mr. Rahul Gathania.
For the Respondent: Mr. Kulwant Gill.

JUDGMENT :

Satyen Vaidya, J.

Petitioners have invoked inherent powers of this Court under Section 482 of the Code of Criminal Procedure and have prayed for setting-aside of the judgment of learned Additional Sessions Judge-II, Kangra at Dharamshala, H.P., Camp at Dehra, District Kangra, H.P., passed on 07.06.2022 in Criminal R.B.T. Appeal No. 15-G/X/21/18, titled Hoshiar Singh and other Vs. Sarla Devi.

2. Respondent herein is the wife of petitioner No.1. Their marriage was solemnised in the year 1991. Out of the wedlock of petitioner No. 1 and respondent, they have four children (three daughters and one son). Admittedly, the relations between respondent and petitioner No.1 have remained estranged since long. Respondent and children have been awarded maintenance under Section 125 of Cr.P.C. and petitioner No. 1 has been held liable to maintain them.

3. The instant proceedings have arisen on invocation of provisions of Protection of Women from Domestic Violence Act, 2005 (for short ‘D.V. Act’). Besides referring to various incidents of domestic violence, respondent also claimed that even after her strained relations with petitioners, she was in occupation of a room in the house of petiti

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