ANUSUIYA BAI Vs. PREM PRAKASH BHUARYA

JUDGEMENT

(1.) Heard.

(2.) The revision has been filed by the applicant-wife against the order dtd. 12/8/2021 passed by the Sessions Judge, Balod District Balod (CG) in Criminal Appeal No.17/2020 under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 (in short "the Act, 2005").

(3.) Facts of the case, in brief, is that the applicant has filed an application under Sec. 125 of Cr.P.C before the Additional Principal Judge, Family Court, Balod (CG) in Misc. Criminal Case No.51/2012. In the said Misc. Criminal Case, vide order dtd. 5/2/2013, learned Additional Principal Judge has granted monthly maintenance of Rs.5000.00 to the applicant and it was also directed that the said amount shall be increased @ 10% per annum in the month of January. Thereafter, the applicant has filed an application under Sec. 12 of the Act, 2005 before the Judicial Magistrate First Class, Balod vide Misc. Criminal Case No.322/2014, whereby, the learned Judicial Magistrate First Class, Balod , District Balod (CG) vide order dtd. 26/2/2020 partly allowed the petition and directed the respondent-husband to pay monthly maintenance of Rs.3000.00 to the applicant. Being aggrieved with the said order, the respondent-husband filed Criminal Appeal No.17/2020, whereby, the Appellate Court has modified the order dtd. 26/2/2020 passed by the Judicial Magistrate First Class, Balod to the extent that the monthly maintenance of Rs.3000.00 granted to the applicant be adjusted to the maintenance amount already awarded to her earlier under Sec. 125 of Cr.P.C.