PRITI BATHAM Vs. VIRENDRA BATHAM

JUDGEMENT

(1.) This order shall govern the disposal of Criminal Revisions No. 89/2017 (Smt. Preeti Batham v. Virendra Batham and others) and 234/2017 (Virendra Batham and others v. Smt. Preeti Batham), as both the revisions arises out of the order dated 12.1.2017 passed in Criminal Appeal No. 6400447/2016 by Eleventh Additional Sessions Judge, Gwalior, whereby the order dated 12.07.2016 passed by JMFC Gwalior in Misc. Cri. Case No. 192/2015 has been modified and payment of maintenance amount has been reduced to Rs.3000/- per month along with Rs.2000/- per month against house rent, in favour of the wife-Smt. Preeti Batham.

(2.) Criminal Revision No. 89/2017 has been filed by petitionerwife for award of maintenance to the extent of Rs.5000/- along with Rs.2000/- towards house rent, as awarded by the trial Court and Criminal Revision No. 234/2017 has been filed by the husband for setting aside the orders dated 12.7.2016 and 12.1.2017 passed by the Courts below.

(3.) The facts giving rise to filing of these revisions are that the marriage was solemnized between Preeti Batham and Virendra Batham on 21.5.2013 as per Hindu rituals and customs. After the marriage, the petitioner-wife was staying in the joint family of her -(3)- CRR No. 89/2017 Smt. Priti Batham v. Virendra Batham and others inlaws. In the matrimonial house the respondents No.2 to 5 used to compel the respondent No.1 to oust the petitioner and remarry with a view to fetch more money and accordingly the respondent No.1 behaved with the petitioner with cruelty and dragged her out of his house with a warning to bring Rs.2,50,000/-. The respondents kept with them all her ornaments etc. The matter was reported to the concerned police station, on which the police registered a case against the respondents at Crime No. 480/2014. The petitioner moved an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before Judicial Magistrate First Class, Gwalior. The JMFC Gwalior directed the respondent-Virendra Batham to pay Rs.5000/- per month as maintenance and Rs.2000/- as house rent to the petitioner-wife. Against which, the respondent-husband and others preferred Criminal Appeal before the Additional Sessions Judge, Gwalior, who after hearing the parties modified the order of JMFC, Gwalior and directed the respondent-husband to pay Rs.3000/- per month as maintenance and Rs.2000/- per month towards house rent to the petitioner-wife. Against the order passed by the Appellate Court, both the parties have preferred both these criminal revisions.