MANUDATT BHARDWAJ Vs. BABITA BHARDWAJ

JUDGEMENT

(1.) The present revision petition under Section 397, 401 of Cr.P.C. is preferred by the petitioner against the order dated 09-08-2017 passed by the 3rd Additional Sessions Judge, Gwalior in Criminal Appeal No.800162/2016 whereby the appeal preferred by the respondent has been allowed and awarded the maintenance of Rs.3,000/- as interim maintenance.

(2.) Precisely stated facts of the case are that the respondent married to petitioner No.1 -Manudatt Bhardwaj but due to domestic incompatibility, she was allegedly subjected to physical and mental harassment and removed from the household. Therefore, compelled by the circumstances, she filed an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005') before the trial Court for interim maintenance and residence.

(3.) The trial Court rejected the application. Appeal was preferred in which the appellate Court awarded Rs.3,000/- as interim maintenance but set off Rs.1500/- from the interim maintenance granted by competent Court under Section 125 of Cr.P.C. to the respondent. Petitioners are aggrieved by the grant of maintenance as awarded by the appellate Court, therefore, this revision has been preferred.