NANDKISHOR DAMODAR VINCHURKAR Vs. KAVITA NANDKISHOR VINCHURKAR

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Mr. Bhattad, Advocate waives notice for non applicants. In the facts and circumstances of the case, the matter is taken up for final hearing forthwith.

(2.) The non applicant filed an application under Section 23 of the Protection of Women from Domestic violence Act, 2005 (hereinafter referred to as the "said Act") in the Court of learned Chief Judicial Magistrate, Amravati (hereinafter referred to as learned "trial Judge") for appropriate reliefs and in particular getting some money towards maintenance. The learned trial Judge passed an order on 07.04.2008 in the said proceedings namely Misc. Criminal Case No. 365/2007 and directed the applicant to pay a sum of Rs. 1200/- per month by way of maintenance to non applicant No. 1-Kavita and a sum of Rs. 600/- per month by way of maintenance to son Atharva-non applicant No. 2. The said order was challenged by the applicant in the District Court by way of Criminal Appeal and the learned Ad hoc Additional Sessions Judge-5, Amravati (hereinafter referred as Additional District Judge) by judgment and order dated 12.06.2008, dismissed the said appeal. Hence, the present criminal application is filed.

(3.) It was argued by learned Advocate Mr. Chawre, that order dated 07.04.2008 passed by learned trial Judge was without calling for report from the Protection Officer or Service Provider. He has drawn my attention to the provisions of Section 12 of the said Act which is as follows: