NARAYAN POOJARY Vs. YAMUNA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner-husband on the admission.

(2.) Perused the grounds urged in the petition and also perused the order passed by the JMFC Court on the application filed under Section 12 of Protection of Women from Domestic Violence Act. After contest, the petition came to be allowed and the JMFC awarded monthly maintenance of Rs. 3,500/- to the complainantrespondent and her two children and when the petitioner-husband preferred appeal before the 1st Appellate Court, the 1st Appellate Court considering the matter, ultimately, dismissed the appeal confirming the order passed by the JMFC Court.

(3.) I have considered the submission made by the learned counsel for the revision petitioner made before this Court. It is submitted by the learned counsel that the petitioner-husband is not having source to pay the maintenance amount as ordered by the Court below. Looking to the orders passed by the JMFC and 1st Appellate Court, after taking into consideration the materials produced with regard to the financial capacity of the petitioner herein, an amount of Rs. 3,500/- has been awarded as monthly maintenance not only to the complainant-respondent including her two children. Totally, there are three persons, this aspect has been considered by the Court below. Therefore, I do not find any illegality in the order passed by the Court below in awarding amount of Rs. 3,500/- per month. Relationship is admitted. Hence, no grounds to interfere in this Revision Petition as the orders passed by the Court below is with sound reasons, the petition is rejected.