NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 39 of 2014 Rekha Gupta W/o Vijay Kumar Gupta, Aged About 33 Years, R/o Rajanawagaon, Tah. Kawardha, P.S. Kawardha, Civil And Rev. Distt.

Kabirdham (Kawardha), Chhattisgarh.

---- Applicant Versus Vijay Kumar Gupta S/o Rajaram Gupta, Aged About 37 Years, Business- Shopkeeper & Agriculturist, R/o Rajanawagaon, Tah. Kawardha, P.S.

Kawardha, Civil And Rev. Distt. Kabirdham (Kawardha), Chhattisgarh.

---- Non-applicant (Cause-tile taken from the Case Information System)

For Applicant : Mr. Shalvik Tiwari, Advocate.

For Non-applicant : None.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

15.04.2024

1. Heard Mr. Shalvik Tiwari, learned counsel appearing for the applicant.

None appears on behalf of the counsel for the non-applicant.

2. This Criminal Revision is being aggrieved of the judgment and order dated 05.10.2013 passed by the F.T.C. of learned Additional Sessions Judge, District – Kabirdham (Kawardha) (C.G.) in Criminal Appeal No. 18/2013, whereby the appeal iled by the applicant under Section 29 of Protection of Women from Domestic Violence Act, 2005 (in short the Act, 2005) was dismissed by the learned appellate Court.

3. As per the prosecution story in brief is that the applicant iled application under Section 12 of the Act, 2005 before the Chief Judicial Magistrate Kabirdham on 11.04.2007 and same was registered as Miscellaneous Criminal Case No.70/2007, interalia stating that she was married to non-applicant on 13.02.1997 accoding to Hindu rites and rituals. There are tow issues out of such wedlock, namely, Akanksha and Anchal. The applicant had been ill treated by the non- applicant and his other family members and she was thrown in the well by them. In the year 2002 she was set on ire by father-in-law, mother-in-law, brothers-in-law and she became ugly due to burn injuries. The non-applicant and his other family members compelled the applicant to make a statement before Police to the efect that she herself set on ire otherwise they would not keep her in their house consequently she made such statement. She remained in Hospitalfor considerable period, and thereafter, she came back to her parent’s house in Bilaspur. The applicant and her father went to house of non- applicant many times but they ousted the applicant and her father. The applicant was subjected to cruelty with demand of dowry. The applicant iled application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights in the year 2006 and the same was allowed vide order dated 10.12.2007 by the learned Family Court Bilaspur but the non-applicant iled application under Section 13 of the Hindu Marriage Act for dissolution of marriage and the same was dismissed by the Family Court and appeal has been dismissed by the Hon’ble High Court. A criminal case for ofence punishable under Section 498A read with Section 34 of IPC was registered against the non-applicant and other family members and in that criminal case they were acquitted. The applicant iled an application for maintenance and she is getting Rs. 1000/- per month. The non-applicant is having agricultural land in village Rajanawagaon and Katgi and he has two houses one in Rajanawagaon and another in Kawardha and two plots in Chhirha and Kawardha. The non-applicant is indulged in business of crops, stencils, clothes, jewelry and he is also running provisions store. He is licence holder of Krishi Upaj Mandi and an income tax payee. The applicant was residing along withher father but he also refused to maintain her, therefore, she is residing at Kawardha, in rented house. She has no means on income and she is totally dependent on maintenance amount. She is unable to take treatment from doctors in want of money. Therefore, applicant prayed to restrain the non-applicant and his family members from subjecting her to physical and mental cruelty, she prayed to provide a house for shelter situate at Kalika Nagar Kawardha as applicant is residing inrented