SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(P&H) 1111

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rameshwar Singh Malik
Crl. Misc. No. M-7199 of 2014
Poonam
v.
Vijay Kumar Jindal
{Decided on 21/08/2015}

Advocates:
For the Petitioner: In person.
For the Respondent:Mr. R.S. Rana, Advocate.

Headnote:Domestic Violence--Monetary Relief--It should be consistent with the standard of living to which the aggrieved person is accustomed.

       (A) Protection of Women from Domestic Violence Act, 2005, S.20(2)--Monetary Relief--Respondent performed second marriage with petitioner without disclosing her about his first marriage--They lived in domestic relationship, in nature of marriage for 4 years--Thereafter, he started neglecting the petitioner, stopped visiting matrimonial home and also stopped maintaining her--Held; petitioner is aggrieved person as per Act and entitled to all relief including monetary relief under the Act. (Para 9)

       (B) Protection of Women from Domestic Violence Act, 2005, S.20(2)--Monetary Relief--It should be consistent with the standard of living to which the aggrieved person is accustomed--Husband an owner of rice mill--Maintenance of Rs.3000/- p.m. as awarded by Magistrate enhanced to Rs.12,000/-. (Paras 19 & 30)

       (C) Protection of Women from Domestic Violence Act, 2005, S.20(2)--Monetary Relief--Section 20(1)(d) of the D.V. Act provides for an adequate, fair and reasonable monetary relief, which should be consistent with the standard of living, to which the aggrieved person is accustomed--The Magistrate has been empowered under section 20(3) of the D.V. Act to order an appropriate lump sum of payment or monthly payments of maintenance, as the nature and circumstances of the case may require. (Para 19)

       (D) Protection of Women from Domestic Violence Act, 2005, S.20(2)--Object of Act--The legislative intent is to provide various rights to aggrieved women against domestic violence, in addition to the ones already provided to them under different statutes--It is an Act to provide for more effective protection of the rights of women guaranteed under the Constitution, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. (Para 13)

       

Judgement Key Points

Certainly! Please provide the legal document content or specify the key points you'd like me to analyze, and I will generate the references accordingly.


JUDGMENT

Mr. Rameshwar Singh Malik, J.: - Present petitioner, claiming herself to be an aggrieved person having lived together with the respondent, in domestic relationship in a shared household, through a relationship in the nature of marriage, has called upon this court to answer an important question of law, as to whether having lived in such a domestic relationship, she is entitled for different reliefs, mainly the monetary relief, under the relevant provisions of law contained in Chapter IV of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’ for short).

2. By way of instant petition, under Section 482 of the Code of Criminal Procedure (‘Cr.P.C.’ for short), petitioner has invoked the inherent jurisdiction of this court, for quashing of the order dated 7.11.2013 (Annexure P-13), passed by the learned Additional District Judge, Kurukshetra, whereby Crl. Revn. No. 163 of 2013 (Vijay Kumar Jindal v. Poonam) and Crl. Rev.No.350 of 2013 (Poonam v. Vijay Kumar Jindal) were decided together, thereby dismissing the revision of the petitioner for enhancement of maintenance amount and allowing the criminal revision filed by the respondent, declaring the petitioner not entitled to any amount towards maintenance, from the respondent, under the DV Act.

3. Notice of motion was issued and pursuant thereto, respondent appeared through counsel. However, no reply has been filed on behalf of the respondent. Trial court record was requisitioned and respondent was directed to keep on paying the interim maintenance @ Rs.3000/- per month to the petitioner, vide order dated 4.6.2014 passed by this court. Again, vide order dated 29.9.2014 passed by this court, respondent was directed to pay an amount of Rs.15000/- to the petitioner, in addition to the amount of Rs.9000/- paid by him in compliance of the above said order dated 4.6.2014.

4. Petitioner appeared in person and submitted that earlier she was married and was having a child from her first marriage. However, her first husband namely, Sanjay Kumar got an ex-parte decree of divorce by playing fraud on her in the year 1993-94. Since the petitioner and respondent were known to each other closely, their relationship further developed and took the shape of marriage. Respondent used to say that he will adopt the son of the petitioner after the marriage. Respondent told the petitioner that he was unmarried. Petitioner believed the respondent. When the petitioner was assured by the respondent of a happy married life and he also assured adoption of her son from the earlier marriage, petitioner agreed for marriage with the respondent. She submits that finally marriage between the petitioner and respondent took place on 17.9.2005 in a temple situated in Grain Market, Tohana, as per the Hindu rites and ceremonies.

5. Petitioner and respondent started living together as husband and wife. Petitioner alongwith her son used to reside with the respondent in the shared household. Respondent adopted the son of the petitioner for all intends and purposes, however, it was not reduced to writing. They were living in a rented accommodation at H.No.1812, Sector 7, Kurukshetra. They lived at this address from the month of February 2007 to 2010 and earlier to that they had been living in other rented accommodations mentioned by the petitioner, in her pleadings. Petitioner would next contend that respondent was a wealthy businessman owning huge property. He had been running a rice sheller at Dhuri, Distt. Sangrur, in the State of Punjab. He had been performing all the duties of a husband, while cohabiting with the petitioner. He used to bring all the household articles in the matrimonial home and also used to deposit the amount in her bank account, as and when required by the petitioner and her son, her bank account No. being 2949000100164536 in Punjab National Bank, Pipli, Kurukshetra, which is a matter of record. In this regard, she refers to the bank statements as Annexure P-1 to show that the las
















































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top