JUDGEMENT
ANITA CHAUDHRY,J. -
(1.)Through the instant petition, the husband has laid
challenge to the order dated 15.12.2012 passed by the Judicial Magistrate
Ist Class, Hansi on the application filed by the respondent under Section
12 of the Protection of the Women from Domestic Violence Act, 2005. He has been directed to pay a compensation of Rs.1 lac to the respondent, out
of which half of the amount was ordered to be deposited for the benefit
of the child Rinku. He has also been directed to pay Rs.4000.00 per month
as maintenance to wife and the child from the date of filing of the
application and also to provide residential accommodation to the wife and
the child. In the alternative to pay rent for it from the date of passing
of the order. The petitioner has further questioned the legality and
propriety of the order dated 03.08.2013 passed by the Addl. Sessions
Judge, Hisar vide which his appeal against the order dated 15.12.2012 was
dismissed.
(2.)The facts of the case first, the marriage of petitioner was solemnized with the respondent on 30.06.1996. A son was born on 14.04.1997, whose
paternity has been disputed by the petitioner. A petition under Section
12 of the Act was filed by the wife alleging therein that she and her son were unable to maintain themselves. She claimed compensation, a
protection order, residency order and maintenance from the husband. It
was claimed that the husband was running a furniture shop besides his
engagement in agricultural pursuits.
(3.)The claim was resisted by the husband on the ground that the wife had wilfully deserted him and that she was a lady of easy virtue. He even
denied the birth of a son from his loins and claimed that the marriage
was never consummated. It was averred that in other litigation., the wife
was not granted any relief by the court. He denied the responsibility of
the wife and the child. It was claimed that the wife was working in
Anganwari and getting Rs.3000.00 as salary, besides getting Rs.750.00 as
pension from the Government.
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