BALI RAM Vs. SHAKUNTLA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India read with Section 482 Cr.P.C. takes exception to the order dated 10.11.2015 passed by the learned Sessions Judge (Forest), Shimla, in Cr. Appeal RBT No.63-S/10 of 2015/12, whereby he allowed the appeal of the respondent and enhanced the compensation awarded in her favour by the learned Judicial Magistrate, 1st Class, Court No.1, Shimla vide order dated 29.5.2012 in Cr. Petition No.5/3 of 2011.

(2.) The relationship between the parties as husband and wife is not in dispute. Therefore, the only question that requires to be determined is as to whether the maintenance as enhanced by the learned Sessions Judge is legally justifiable or not.

(3.) The proceedings emanated from an application filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short, 'the Act'). The learned trial Magistrate allowed the application and granted following reliefs:-