SAU. MASUDI JATANSINGH Vs. SHRI JATANSINGH PRATAP

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of learned counsel for the parties.

(2.) The challenge in this writ petition, under Article 227 of the Constitution of India, is to a common judgment and order dtd. 13/5/2019 passed by the learned Additional Sessions Judge, Nandurbar in Criminal Appeal Nos. 13 and 18 of 2018. Both those appeals were preferred under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'PWDV Act'), against the judgment and order dtd. 25/7/2018, passed by the learned Judicial Magistrate First Class (J.M.F.C.), Navapur in Criminal Miscellaneous Application No.18 of 2014, preferred under Sec. 12 of the PWDV Act. The learned J.M.F.C. partly allowed the application (Criminal Misc. Application No.18 of 2014) directing the respondent No.1 herein to pay the petitioner a sum of Rs.1,000.00 per month towards monetary relief/maintenance from the date of application and Rs.500.00 per month towards rent of alternate accommodation from the date of the order. The respondent No.1 was further directed to pay the petitioner a sum of Rs.5,000.00 and Rs.3,000.00 as compensation and cost of the proceedings, respectively. The application was dismissed against respondent Nos. 2 and 3, the father and second wife of respondent No.1.

(3.) Both, the petitioner and respondent No.1, preferred two separate appeals taking exception to the order passed by the learned J.M.F.C. The petitioner preferred the appeal, seeking enhancement in the amount of monetary relief. The respondent husband preferred the appeal for setting aside the order directing him to pay the petitioner monetary relief as stated herein above. The learned Additional Sessions Judge, dismissed the appeal preferred by the petitioner and allowed the appeal preferred by the husband and thereby set aside the order dtd. 25/7/2018 passed by the learned J.M.F.C. Hence, the present criminal writ petition.