CHAMARU RAM Vs. PUSHPA DEVI

JUDGEMENT

(1.) This petition is instituted against the order dated 19.9.2013 rendered by learned Sessions Judge, Mandi, H.P., in Criminal Appeal No. 3/2013. "Key facts" necessary for the adjudication of this petition are that the respondent filed an application under Sections 12, 18, 20 and 23 of the Protection of Women from Domestic Violence Act, 2005 against the petitioner. Marriage between the parties was solemnized in the month of February 1988 according to Hindu rites and customs. Three children were born out of the wedlock. The petitioner was habitual drunkard and used to maltreat and beat the respondent without any reason and rhyme. She was ousted from the house by the petitioner. The petitioner has solemnized second marriage with one Kamla Devi. The petitioner has refused to provide maintenance to the respondent for the last one year. She has no independent source of income. The petitioner was serving as a Beldar/Mason in HPPWD, Sub Division Dharampur and drawing Rs. 15,000/- per month.

(2.) Learned Judicial Magistrate, 1st Class, Court No. 2, Mandi, vide order dated 13.12.2012 ordered the petitioner to pay interim maintenance at the rate of Rs. 3000/- per month to the respondent from the date of filing of the application.

(3.) The petitioner filed an appeal before the learned Sessions Judge, Mandi, who dismissed the same vide order dated 19.9.2013. Hence, the present petition.