JAVED KHAN Vs. SABA

JUDGEMENT

(1.) This order seeks to dispose of the question regarding maintainability of the criminal revision filed by the applicant-Javed Khan under Sec. 397 read with 401 of Cr.P.C. as also application (IA No. 1515/2020) filed by the non-applicant-Saba for revoking the stay order passed by this Court on 31/1/2020 in favour of the applicant.

(2.) The applicant-Javed Khan has filed this criminal revision under Sec. 397 read with 401 of Cr.P.C. being aggrieved by the order passed by the Additional Sessions Judge, Indore in Criminal Appeal No.238/2019 and Criminal Appeal No.249/2019 vide its judgement dtd. 14/1/2020, whereby learned Judge has allowed Cr. Appeal No.249/2019 filed by the non-applicant and has rejected Cr. Appeal No.238/2019 filed by the applicant. Earlier, non-applicant had filed MCRC No.918/2018 against applicant- Javed Khan and others and had filed application under the provisions of Sec. 23(1) of the Protection of Women from Domestic Violence Act, 2005 (in short "the Act of 2005") seeking reliefs against the applicant, inter-alia, relief of maintenance, passing an order for securing vacant possession of house No. 1/99 situated at Housing Board Colony, Sirohi (Rajasthan) and restraining the applicant from alienating the aforesaid house.

(3.) The JMFC, Indore vide order dtd. 2/8/2019 had partly allowed the application awarding maintenance of Rs.8,000.00 per month to the non-applicant, that the house No. 1/99 situated at House Board Colony, Sirohi shall not be transferred by the applicant and that non-applicant shall be put in possession of part of the aforesaid house as also minor child of non-applicant shall not be taken away by applicant. Against this order, appeal was preferred by the applicant-Javed Khan i.e. Cr. A. No.238/2019. The Appellate Court vide order dtd. 14/1/2020 rejected the said appeal. From the same order of the JMFC, non-applicant had also filed an appeal i.e. Cr. A. No.249/2019 in which it was prayed that the amount of Rs.8,000.00 per month awarded in her favour is inadequate, that she be put in possession of the whole house No. 1/99 situated at Housing Board Colony, Sirohi and that applicant and others family members of the applicant be restrained from occupying the house. This appeal was also disposed of on the same day i.e. on 14/1/2020 by a separate judgement and it was allowed to the extent that interim maintenance of Rs.8,000.00 per month was enhanced to Rs.12,000.00 per month and that further relief was also granted directing the applicant to give complete possession of the house to non-applicant and that no interference in her peaceful possession be created by the applicant in future.