NARENDER @ KALA Vs. SUNITA
LAWS(P&H)-2016-9-8
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 20,2016

Narender @ Kala Appellant
VERSUS
SUNITA Respondents

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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