MOHD. ASLAM @ ATEEK Vs. SMT. AMRA BEGUM

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 of the Cr.P.C. has been filed against the judgment dated 07/02/2011 passed by V ASJ, Bhopal in Cr.A.No.170/2010, whereby learned ASJ partly allowed the appeal and reduced the amount of compensation from Rs. 1,00,000/- to Rs. 25,000/- as awarded by Judicial Magistrate, First Class, Bhopal vide order dated 12/01/2010 passed in MJC No.57/2008, whereby learned JMFC allowed the application filed by respondent under the Protection of Women from Domestic Violence Act, 2005.

(2.) Brief facts of the case which are relevant to the disposal of the case are that the respondent filed an application before the Judicial Magistrate, First Class, Bhopal under Section 12, 18, 19, 20, 21, 22 of the Protection of Women from Domestic Violence Act, 2005 averring that she got married to the applicant according to Muslim rites and rituals on 12/09/1987. After the marriage she lived with the applicant. Three children were born out of the wedlock. The applicant had illicit relation with other ladies, therefore, he used to beat her by kicks and fists and used to make false allegations against her. He would take other women to the house and cast aspersions on her character that she had affair with Sohail. On 12/09/2007 applicant divorced her and remarried with Smt. Saiyed Sabahat Ali (non-applicant no.2 of the application). It is alleged that the applicant worked at Gandhi Engineering Hostel on the post of Warden and earn Rs. 8,000/- per month as salary and he also earns from rental income. So the applicant be directed to give Rs. 5,000/- per month as maintenance and Rs. 5,00,000/- as compensation.

(3.) By way of filing reply applicant denied all the allegations levelled by the respondent in her application and submitted that respondent had illicit relation with Sohail and she herself left the applicant's house and he took divorce from her at the instance of respondent. Respondent worked at Munshi Hussain Khan Institute as Teacher and also worked at Disha Consultancy as Office Assistance and earns Rs. 7,000/- per month, while applicant earns only Rs. 3,000/- per month, so he is not able to pay maintenance to the respondent and pray for rejection of the application.