KULWINDER SINGH Vs. ASHA CHAUHAN

JUDGEMENT

(1.) THIS revision has been directed against the judgment dated 21.10.2011 passed by learned Additional Sessions Judge, Fast Track Court, Shimla, in Criminal Appeal No. 37 -S/10 of 2009 awarding maintenance at the rate of Rs.3,500/ - per month to respondent and Rs.2,500/ - per month to the minor child from the date of the complaint. The facts, in brief, are that respondent had filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, claiming maintenance for herself and female child as well as rent for accommodation. The petition was allowed by learned Judicial Magistrate Ist Class, Theog, on 29.05.2009 in case No. 54/3 of 2009. The learned Magistrate has allowed Rs.1,000/ - per month as rent for accommodation, Rs.4,000/ - per month maintenance to respondent and Rs.3,000/ - per month maintenance to female child from the date of filing of the petition. The order dated 29.05.2009 was assailed by petitioner in appeal. The learned Additional Sessions Judge on 21.10.2011 partly accepted the appeal and reduced the maintenance from Rs.4,000/ - per month and Rs.3,000/ - per month fixed in favour of the respondent and minor female child to Rs.3,500/ - and Rs.2,500/ - per month respectively.

(2.) I have gone through the impugned order. The two Courts below after due appreciation of material on record have fixed the maintenance in favour of the respondent and female child. In the facts and circumstances of the case, I am satisfied that the maintenance fixed in favour of the respondent and female child is not on the higher side. The petitioner shall also pay Rs.1,000/ - per month on account of rent for accommodation. There is no merit in the petition which is dismissed. The Cr.M.P. Nos. 194 and 195 of 2012 have become infructuous in view of disposal of main petition.