DHAN SINGH NEGI Vs. STATE OF YTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has challenged the order dated 20.08.2011, passed by Additional Sessions Judge/ Fast Track Court, Tehri Garhwal, in criminal appeal no. 19 of 2011, whereby said court has dismissed the appeal and affirmed the order dated 11.05.2011, passed by the trial court (Civil Judge (Sr.Div)/Judicial Magistrate, Tehri Garhwal) in criminal case no. 18 of 2011. By said order the trial court had directed the present petitioner to pay maintenance @ Rs. 3,000/- per month to his wife under the provisions of Protection of Women from Domestic Violence Act, 2005.

(3.) Brief facts, of the case are that petitioner got married to respondent no. 2 Sarojani about more than twenty five years back. Out of the wed-lock four children were born. The wife had filed an application under Protection of Women from Domestic Violence Act, 2005, before the Magistrate and sought maintenance. After considering the affidavits, and hearing the parties the trial court has directed the present petitioner to pay maintenance @ Rs. 3,000/- per month. Aggrieved by said order, the husband (present petitioner) filed criminal appeal no. 19 of 2011. After hearing the parties, said appeal was also dismissed.