HAZARATALI Vs. SMT. FAHMEEDABEGUM AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for both sides and perused the records.

(2.) The present respondents No.1 and 2, who are claiming themselves to be the wife and daughter of the petitioner herein, had instituted a petition under section 12 of the Protection of Women From Domestic Violence Act, 2015 (hereinafter referred to as 'the D.V.Act', for short), against the present petitioner in the Court of III Addl. Civil Judge and JMFC, Hubballi (hereinafter referred to as 'the trial Court', for short). In the said petition, in response to the notice, the present petitioner as respondent/husband has tendered his appearance through his counsel. During the pendancy of the said application, it appears that the present respondents filed an interlocutory application in I.A.No.II under Section 20 of the D.V. Act, seeking an interim monetary relief of Rs. 30,000/- till the disposal of the petition. The trial Court by its order dated 06.01.2017, partly allowed the application awarding an interim maintenance at Rs. 3,000/- per month to the petitioner before it till the disposal of the petition. Aggrieved by the said order, the present petitioner, who is the husband of the present respondent No.1, filed an appeal in Criminal Appeal No.11/2017, in the Court of the V Addl. District and Sessions Judge, Dharwad, sitting at Hubballi (hereinafter referred to as the 'First Court of Appeal', for brevity). The said appeal came to be allowed in part, wherein the claim of the second petitioner (respondent No.2 before it) for the maintenance was rejected observing that the second petitioner had attained majority. The order passed by the trial Court in respect of other two respondents was held continued to hold good. Being aggrieved by the said order passed by the First Court of Appeal, the petitioner has preferred this Revision Petition.

(3.) Though this matter is listed for admission, with the consent of both parties, the matter is taken up for final disposal.