HITESHBHAI MANSUKHBHAI DEDAKIYA Vs. HEMALIBEN HITESHBHAI DEDAKIYA

JUDGEMENT

(1.) By way of present application, applicants have requested to quash and set aside the judgment and order dtd. 5/9/2022 passed by learned 10th Additional Sessions Judge, Rajkot in Criminal Appeal No. 111 of 2019 as well as judgment and order dtd. 19/3/2019 passed by learned 2 nd Additional Chief Judicial Magistrate, Rajkot in Criminal Misc. Application No. 271 of 2017.

(2.) Brief facts of the present case are as under:

(3.) The marriage of the applicant no.1 and respondent no.1 was solemnized on 28/4/2009 and during their wedlock one boy child Haard was born in the year 2012. Thereafter, due to matrimonial dispute, respondent no.1 left her matrimonial home and filed Criminal Misc. Application No. 1136 of 2016 before the learned Family Court, Rajkot and vide order dtd. 28/5/2019, maintenance was granted to the tune of Rs.3500.00 per month to the respondent no.1. Thereafter, respondent no.1 filed Criminal Misc. Application No. 271 of 2017 under Sec. 12 of the DV Act before the court of learned Chief Judicial Magistrate, Rajkot wherein vide order dtd. 19/3/2019, applicant was ordered to pay Rs.2000.00 towards rent to the wife-respondent no.1 herein as well as Rs.6,000.00 per month towards the maintenance and being aggrieved by the said order, applicant approached the learned appellate court by way of Criminal Appeal No. 111 of 2019 wherein vide order dtd. 5/9/2022, the maintenance amount was reduced from Rs.6,000.00 to Rs.3,000.00 but the order of paying rent per month was confirmed. Thus, being aggrieved by the same, applicant has approached this court by way of this application.