SHANTILAL SHIVLING MORE Vs. MANISHA SHANTILAL MORE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard fnally by consent of learned Counsel for respective parties.

(2.) By way of this writ petition, petitioner challenges the legality and correctness of the order dtd. 12/5/2022, passed by the learned Chief Judicial Magistrate, Beed in Criminal Misc. Application No. 2492/2020, below Exhibit-7 as well as the judgment and order dtd. 24/8/2022, passed by the learned Additional Sessions Judge, Beed in Criminal Appeal No. 49/2022, fled by the petitioner against the impugned order passed by the learned Chief Judicial Magistrate, Beed.

(3.) The petitioner got married with Respondent on 19/5/1994 at village Yelambghat, District Beed. However, dispute arose between them and, therefore, the respondent-wife started residing separately from the petitioner since the year 1996. She was residing at her parental house. She had also fled Sessions Case No. 42/1997 against the petitioner and his family members for the offences punishable under Ss. 498A, 323, 342, 506 and 313 read with Sec. 34 of the Indian Penal Code. However, the concerned Additional Sessions Judge, Beed, had acquitted the petitioner and other accused vide judgment and order dtd. 6/10/2000. Suddenly in the year 2022 i.e. after a gap of around 25 years, Respondent-wife approached the learned Chief Judicial Magistrate, Beed, and fled Criminal Misc. Application No. 2492 of 2020 under the provisions of Ss. 12, 17, 18, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, (for short, 'the D.V. Act') on the ground that there was illtreatment to her by the petitioner. In that application, she had also fled an application Exhibit-7 under the provisions of Sec. 23 of the D. V. Act for grant of interim maintenance. Though the petitioner resisted the said application by fling reply, but the learned Chief Judicial Magistrate, Beed, partly allowed the same and directed the present petitioner to pay an amount of Rs.4000.00 per month to the present respondent-wife as an interim maintenance.