BHUPENDRA SINGH RAJAWAT Vs. RANJEETA RAJAWAT

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 being crestfallen by the order dtd. 4/12/2021 passed by the learned VI Additional Sessions Judge, Indore in Cr.A. No. 11/2020, whereby the learned Appellate Court has affirmed the order of the learned Judicial Magistrate First Class, Indore wherein the application filed under Sec. 23 of Prevention of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'DV Act') was allowed and the petitioner No. 1 was directed to pay Rs.5,000.00 as interim maintenance to the respondent.

(2.) With regard to this revision petition, it is undisputed fact that the marriage between the petitioner No. 1/husband and respondent/wife was solemnized on 7/2/2004. It is also undisputed that the application filed by the respondent under Sec. 125 of Cr.P.C. for maintenance was dismissed by the learned II Additional Principal Judge, Family Court, Indore vide order dtd. 19/7/2018.

(3.) Succinctly, the case of the respondent is that after marriage, the in-laws of the respondent have started demand of dowry and harassed the respondent while she was residing in her matrimonial house for a year. The petitioner No. 1/husband was posted at Hisar at that time and meanwhile, petitioner Nos. 2 and 3 kicked out the respondent due to not fulfilling the demand of dowry. Thereafter, the petitioner No. 1/husband took the respondent/wife to Pune, where petitioner No. 1/ husband assaulted respondent/wife due to which operation of respondent was conducted. Further, the beating continued and one day, petitioner No. 1/husband choked the neck of respondent. Even after this incident, the respondent only used to live in matrimonial house while her husband i.e. petitioner No. 1 used to stay at his home.