VIVEK PAUL Vs. ANUPAMA

JUDGEMENT

(1.) By way of instant petitions filed under Sections 397 and 401 of the Criminal Procedure Code, challenge has been laid to common judgment dated 5.10.2018 passed by learned Additional Sessions Judge-II, Solan, District Solan, Himachal Pradesh in Criminal Appeal No.5ASJ-II/10 of 2017/15 and Criminal Appeal No.l2ASJ-II/10 of 2015, whereby appeal having been filed by the respondent-wife against the judgment dated 23.12.2014 passed by learned judicial magistrate 1st class, Solan, District Solan, H.P., in complainant No. 14/3 of 2012 came to be partly allowed and appeal filed by the petitioner came to be dismissed.

(2.) Precisely, the facts of the case as emerge from the pleadings available on record are that marriage inter se petitioner-husband and respondent-wife was solemnized on 7.6.2000 as per Christian Rites and Customs at Solan. Parties to the Us cohabited together as husband and wife cordially for some time and during this period one daughter was born out of their wedlock. But since after some time of marriage certain differences cropped up interse parties, respondent-wife started living at her parent's house. In the month of January 2012, respondent-wife filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, praying therein for maintenance order under Section 20, residence order under Section 19 and to provide maintenance for education and marriage of children. Aforesaid complaint was decided on 23.12.2014 by learned judicial magistrate 1st class, Solan, whereby learned Court below while directing the petitioner-husband to provide accommodation consisting of two room, kitchen, bath room and toilet to the respondent-wife also held her entitled to monthly maintenance of Rs.2000/- .

(3.) Being aggrieved and dissatisfied with the aforesaid judgment passed by learned judicial magistrate 1st class, Solan, both the parties preferred criminal appeals under Section 29 of the Protection of Women from Domestic Violence Act, which were ultimately came to be disposed of vide common judgment dated 5.10.2018, passed by learned Additional Sessions Judge-II, Solan, District Solan, H.P. Vide aforesaid judgment, learned Appellate Court though dismissed the appeal having been filed by the petitioner-husband, but partly allowed the appeal filed by respondent-wife, whereby maintenance granted by learned Court below came to be enhanced from Rs.2000/- to Rs. 10,000/- per month. In the aforesaid background, petitioner-husband filed two criminal Revisions bearing No. 19 of 2019 and 20 of 2020 respectively, laying therein challenge to aforesaid judgment passed by learned appellate Court, praying therein to quash and set-aside the aforesaid judgments passed by learned trial court as well as appellate Court.