DV ACT 2005   |   IPC 498A   |   Maintenance






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INSTALL ANDROID APP



1.

DV Act 2005
HC of HIMACHAL PRADESH at SHIMLA

on

2017-05-02
CrMMO No 30 of 2011J. Sandeep SharmaAnil Kumar vs Shashi BalaSection 12 of DV ACT 2005

No Maintenance Under DV Act If No Evidence Of Maltreatment Or Violence

This Court, after having bestowed its thoughtful consideration to the pleadings available on record, has no hesitation to conclude that appellate court below, while granting maintenance of Rs.1,000/- to the complainant got swayed by emotions and completely ignored overwhelming evidence available on record suggestive. of the fact that complainant herself had left the house. Since there was no evidence with regard to maltreatment or violence, learned appellate Court below ought not have granted any amount on account of maintenance. Moreover, as has been noticed above, marriage between the parties has been dissolved vide judgment dated 3.3.2011, which has been further upheld by his Court and as such, this Court sees not force, much less substantial, in the complaint of the complainant, which was rightly u rejected by the learned trial Court.
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