NARESH SHARMA Vs. JYOTI SHARMA

JUDGEMENT

(1.) By this revision under section 397 r/w 401 of the Cr.P.C., the petitioner husband Naresh Sharma has been aggrieved by the order dated 25/06/2015 passed by the 8th Additional District and Sessions Judge in Criminal Appeal No.363/2014 under Section 29, The Protection of Women Domestic Voilence Act, 2005.

(2.) Briefly stated, the facts of the case in nutshell are that the respondent Jyoti Sharma was married to the present petitioner on 12/12/1997 and there are two sons Yethin and Sanskar born out of the wed lock aged 16 and 14 years respectively. Respondent/wife was residing with the petitioner/husband in house no.3502, Sector-E, Sudama Nagar, Indore.

(3.) Thereafter, the petitioner /husband brought a flat no.209, Gold Arcade 3/1, New Palasiya in the name of his wife in which he conducted computer training and service classes. Thereafter, there was marital discord and the respondent/wife started interfering with the business and the training institute of the petitioner/husband. The petitioner/husband filed a petition for divorce in the Family Court, whereas the respondent/wife filed case under Section 12 of the Domestic Violence Act before the Judicial Magistrate, Class-I, Indore. The petition for divorce was dismissed, whereas in the case filed by the wife, the Court directed the payment of maintenance to the wife at Rs.2,000/- and Rs.1,000/- to each of the child in total Rs.5,000/- per month to the wife. Being aggrieved the petitioner has filed an appeal before the 8th Additional District and Sessions Judge, who also dismissed the appeal, upheld the findings of the Judicial Magistrate and hence the present petition.