NAVEEN BATRA Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) The present petition is instituted against the judgment dated 07.06.2014, rendered by the learned 2nd Additional Sessions Judge, Haridwar in Criminal Appeal No. 79 of 2013.

(2.) "Key facts", necessary for adjudication of this petition are that the marriage between the applicant and respondent no. 2 was solemnized on 19.11.2000 at Shahjahanpur. Out of the wedlock, two sons, namely, Master Sarthak and Master Krishna were born. Respondent no. 2 filed a case against the applicant under Section 12 of the Protection of Women from Domestic Violence Act, being Misc. Case No. 139 of 2009. The petition was contested by the applicant. According to the averments made in the reply, the applicant is only earning Rs.5,000/- per month. Learned Trial Court vide order dated 05.05.2010 has granted the maintenance of Rs.1500/- per month in addition to Rs.1300/- per month, which was earlier granted by the Family Court, Haridwar.

(3.) Respondent no. 2 challenged the order dated 05.05.2010 in Criminal Appeal No. 79 of 2013 before the learned 2nd Additional Sessions Judge, Haridwar. Learned 2nd Additional Sessions Judge, Haridwar vide judgment dated 07.06.2014 granted Rs.4000/- per month as maintenance to respondent no. 2/wife as well as Rs.4,000/- each to the two children and in addition a sum of Rs.3000/- as house rent, in case respondent/wife stay in Shahjahanpur.