The Act empowers the court to grant residence orders, including restoring possession, and monetary relief in addition to maintenance under other laws.

1. Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the respondent No. 2.

2. This writ application has been filed with a prayer for quashing the Judgment dated 15th September 2011, passed by Sri Sanjay Kumar Singh No. 1, learned Judicial Magistrate, 1st Class, Bokaro, in C.P. Case No. 473 of 2010 and T.R. No. 42 of 2011, whereby on the complaint filed under the Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as “Act”), by the respondent No. 2, who is the wife of the petitioner, in exercise of the power under Section 18 of the Act, the petitioner has been prohibited from committing any act of domestic violence upon his wife. The order of residence has also been passed by the learned trial Court below under Section 19 of the Act, entitling the wife of the petitioner to reside in the shared household of the petitioner where she was earlier residing after her marriage at village Kalapathar, P.S. Chas (M), District Bokaro, and the petitioner has been prohibited from disturbing her in her peaceful living. The monetary relief under Section 20 of the Act has also been granted to the wife, asking the petitioner to make the payment of Rs. 2,000/- per month from the date of the order in lieu of the maintenance of the complainant and her female child.

3. The petitioner has also prayed for quashing the Judgment dated 26.06.2012 passed by the learned Additional Sessions Judge-II, Bokaro, in Criminal Appeal No. 92 of 2011, whereby the appeal filed against the aforesaid Judgment, has been dismissed by the learned Appellate Court below.

4. The facts of the case lie in a short compass. The complainant, claiming herself to be the legally married wife of the petitioner, and also alleging that she was being subjected to cruelty and torture for demand of dowry in which she was also subjected to domestic violence by the petitioner, filed the complaint for protection under the Act in the Court below. It may be stated that the other criminal case was also filed by the complainant against the petitioner for the offence under Section 498-A of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act and she had also fled a matrimonial case under Section-9 of the Hindu Marriage Act, for restitution of her conjugal rights, claiming that she was deserted by her husband. It also appears from the record that the petitioner had also filed a suit for dissolution of the marriage by a decree of divorce in the competent Court. An application under Section 125 of the Cr. P.C., claiming maintenance from the petitioner was also filed before the Principal Judge, Family Court, Bokaro. Thus there were several litigations between the parties, and at one point of time, the matter was sent for conciliation between the parties, before the Conciliator at JHALSA, Ranchi. There was some settlement between the parties, on the basis of which the petitioner was granted bail in the criminal case by the High Court, but it is alleged that the petitioner again started abusing and humiliating the complainant and she was forced to leave the matrimonial home. It is also alleged that the petitioner also tried to perform second marriage with another lady at Rajrappa Temple, and upon getting the information the complainant reached there and also took help of the local police, due to which the marriage could not be performed by the petitioner and it is alleged that while returning back she was again assaulted by the petitioner. With these allegations the complaint was filed in the court below and the petitioner was noticed by the Court below. Upon notice, the petitioner filed his show-cause in which the marriage and the birth of the female child out of the wedlock were admitted, but the allegations of subjecting the complainant to domestic violence were denied.

5. The impugned Judgments show that evidences were adduced by both the sides, both oral and documentary, which have been discus