MURLIDHAR Vs. SANGITA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, heard finally.

(2.) The petitioner/husband has preferred the revision against the judgment and order of the learned Additional Sessions Judge, Aurangabad, in PWDVA Appeal No.7 of 2018, dtd. 3/12/2019.

(3.) The dispute between husband and wife has a checkered history since 2005. The wife, first in time, had preferred the divorce petition against the husband on the ground of cruelty and desertion. Her petition was dismissed. The appeal preferred against the said Judgment was also dismissed. The said Judgment has attained the finality. Then the husband filed a petition for custody of the children. However, the Court returned his complaint for want of jurisdiction. He did not file an application in the Court having jurisdiction. Again, in the year 2006, the wife filed a petition under Sec. 20 of the Hindu Adoption and Maintenance Act for the maintenance of the children only. It was allowed. The husband accepted the said order and paid the maintenance to the children. Then again, the wife filed a petition for enhancement of the maintenance under the Hindu Adoption and Maintenance Act. It was allowed. The husband again accepted the said judgment and order. In the year 2015, the wife again filed a petition under Sec. 18 of the Hindu Adoption and Maintenance Act. It was partly allowed. That order was challenged. The District Court set aside the said order. After that, in the year 2014, she filed a proceeding under the Protection of Women from Domestic Violence Act, 2005 (short 'D.V. Act'). Appreciating the evidence led by the respective parties, the learned Judicial Magistrate First Class dismissed her petition by its order dtd. 7/12/2017 in PWDVA No.296 of 2014. Dissatisfied with the dismissal order, the wife preferred an appeal. The learned Sessions Judge allowed the petition and granted the maintenance of Rs.3,000.00 per month and the house rent of Rs.3,000.00 per month to the respondent/wife.