ASHWANI KUMAR Vs. REENA DEVI

JUDGEMENT

(1.) ASSAILING the judgment dated 10.11.2010, passed by learned Judicial Magistrate 1st Class Court No. (1), Amb, District Una, (HP), in Criminal Case No. 188 -I/2010, titled as Reena Devi versus Ashwani Kumar, as affirmed by the learned Additional Sessions Judge, Una H.P., vide judgment dated 6.8.2012, passed in Criminal Appeal No. 39/2010, tilted as Ashwani Kumar versus Reena Devi, petitioner -husband has filed the present Revision Petition under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973. Briefly stated the facts of the case are that petitioner -husband (Shri Ashwani Kumar) was married to respondent -wife (Smt. Reena Devi) on 17.6.2003. Respondent -wife filed an application under the provisions of Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking maintenance from her husband. Based on the evidence led by the respondent -wife and appreciating the rival contentions of the parties, trial Court awarded maintenance of Rs. 1,000/ - per month to the respondent -wife and Rs. 500/ - per month to the daughter, born out of the wedlock of the parties.

(2.) THE judgment stands confirmed by the lower appellate Court. On 2.4.2013, learned counsel for the parties jointly requested for an adjournment. The Court had directed the parties to make an endeavour to amicably resolve their dispute. Though, respondent -wife is present in the Court but petitioner -husband did not contact his Advocate. There is sufficient material on record to show that the petitioner -husband has subjected the respondent -wife to cruelty as a result of which she was made to leave the matrimonial house and live separately. Petitioner -husband did not bother to take care of the female child born out of the wedlock. The respondent -wife has no source of independent income and she is dependent upon her parents for sustenance. The material placed on record by the parties has been correctly and completely appreciated by the trial Court as also lower appellate Court. I find no perversity in the findings so recorded by the Courts below. As such, present petition, being devoid of merits, is dismissed.