RAJ KUMAR Vs. RITU

JUDGEMENT

(1.) The petitioner herein seeks to challenge two orders by way of filing the present revisions as the maintenance has been allowed @ Rs. 5000/- per month by an impugned order dated 20.01.2016 under Section 125 Cr.P.C. passed by the District Judge, Family Court, Rohtak and impugned order dated 16.11.2016 passed by Addl. Sessions Judge, Rohtak affirming order dated 17.03.2016 passed by the JMIC, Rohtak whereby maintenance @ Rs. 7000/- per month has been allowed in proceedings initiated under Section 12 of the Protection of Woman from Domestic Violence Act, 2005.

(2.) Since the facts are common, this Court proposes to dispose of these two petitions by this common order.

(3.) In brief, the facts as stated are that a marriage was solemnized between the petitioner and the respondent on 20th January 2010 as per Hindu rites and ceremonies at Rohtak and out of the said marriage no child was born. Dispute arose between the parties and it was alleged that the respondent/complainant-wife was thrown out of her matrimonial home on 20th April 2010 i.e. within a period of 3 months of the marriage on account of not bringing adequate dowry. Consequent to that, she filed petition under Section 125 Cr.P.C. claiming maintenance, which was allowed vide order dated 20.01.2016 passed by the Family Court, Rohtak @ Rs. 5000/- per month from the date of filing of the application, which order has been challenged in the High Court by filing CRR (F)-187-2016, whereas she also filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 which was decided by the JMIC, Rohtak on 17th March, 2016 by holding that the respondent herein would be entitled to maintenance @ Rs. 7000/- per month from the date of filing of the application with a further direction to the petitioner not to commit any act of domestic violence in future.