AKHTAR JAFAR BAGWAN Vs. NASIM AKHTAR BHAGWAN

JUDGEMENT

(1.) This petition takes an exception to the order below Exhibit - 5 dated 27th March 2017 passed by the learned Judicial Magistrate First Class, Cantonment Court, Camp, Pune - 1 in Criminal M.A. No. 281 of 2018 and judgment and order passed by the learned Additional Sessions Judge, Pune dated 08.12.2017 in Criminal Appeal No. 194 of 2017. The petitioner has also prayed for dismissal of application at Exh. 5 filed by Respondent No. 1.

(2.) It is the case of the Petitioner that, Respondent No. 1 Sou. Nasim Akhtar Bagwan has filed an application before the Trial Court under the Domestic Violence Act. It is her case that marriage of the Petitioner and Respondent No. 1 took place on 29.06.2014 as per Muslim rites. After the marriage, she cohabited with the petitioner. Respondent No. 1 is having one daughter from her first marriage. Respondent No. 1 is divorcee. After the marriage, the petitioner started insisting Respondent No. 1 to leave her daughter, and keep her in orphan house. On that count, the petitioner started ill-treating Respondent No. 1. The Petitioner ill-treated her by way of not giving food; petitioner used to beat her. The petitioner stopped paying rent and also providing money for livelihood of Respondent No. 1. Due to his harassment, Respondent No. 1 has filed criminal complaints before police for so many times. Respondent No. 1 is not able to maintain herself and she has to pay rent for the house, therefore, Respondent no. 1 has filed application before the Trial Court for various reliefs under the Domestic Violence Act.

(3.) The Trial Court after hearing both the parties passed the order directing the petitioner to pay interim maintenance to the tune of Rs. 5,000/- per month to Respondent No. 1 and Rs. 3,000/- per month towards rent.