PUSHPA @ BABY vs STATE & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 28.07.2025 + CRL.M.C. 1129/2020 PUSHPA @ BABY .....Petitioner versus STATE & ANR. .....Respondents Advocates who appeared in this case: For the Appellant : Mr. Jai Bansal and Mr. Abhishek Verma, Advs. For the Respondents : Mr. Raj Kumar, APP for the State Mr. Hitesh Kumar, Mr. Suraj Rawat, Ms. Sapna & Mr. Vikas Sharma, Advs. for R2 CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed against the judgment dated 03.12.2019 (hereafter ‘impugned judgment’) passed by the learned Additional Sessions Judge (‘ASJ’), Saket Courts, New Delhi in CA No. 38/2019 whereby the appeal filed by Respondent No. 2 under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’) was allowed and the order dated 03.12.2018 passed by the learned Magistrate granting maintenance @4,000/- per month Signature Not Verified Signed By:HARMINDER KAUR CRL.M.C. 1129/2020 Page 1 of 13 Signing Date:29.07.2025 17:29:46 each to the petitioner and her minor child was set aside. 2. As per the complaint filed by the petitioner under Section 12 of the DV Act, the marriage between the petitioner and Respondent No. 2 was solemnized on 18.02.2011 and one child was born out of the said wedlock. It is alleged that post the marriage of the petitioner, she was constantly subjected to torture at the hands of Respondent No. 2 in relation to demand of dowry. It is alleged that despite having received sufficient dowry, Respondent No. 2 demanded one motorcycle from the petitioner’s family. It is alleged that on 19.04.2012, the family members of Respondent No. 2 abused the petitioner. Further, on 20.04.2012, the petitioner was subjected to beatings and also asked to bring a sum of ₹50,000/- for the marriage of