ASHWANI KUMAR Vs. SUNITA KUMARI

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (for short 'Code') has been preferred by the petitioner for quashing and setting aside the impugned orders dated 10.6.2015/15.7.2015, passed by the learned Additional District Judge-II, Solan, District Solan, (H.P) in Case No.14-ADJ-II/3 of 2015, as well as order dated 7.10.2016, passed by the learned Judicial Magistrate 1st Class, Court No.4, Shimla, District Shimla, in Case No.450-3 of 2015.

(2.) Brief facts giving rise to the present petition are that petitioner and the respondent herein, are husband and wife. The marriage between the petitioner and respondent was solemnized on 7.10.2003, in accordance with the Hindu rites and local customs at Ram Mandir, Shimla. As per the petitioner, after the marriage, both the parties resided together and cohabited at village Bhag, Post Office Summer Hill, Boileauganj, District Shimla, as husband and wife. Out of the said wedlock, one male child, namely, Yatish was born, who is under the care and custody of the respondent. The respondent is having always cruel nature against the petitioner. The respondent with the support of her mother, namely, Munni Devi, step-mother as well as their relatives has created problem after the child was born. On 15.4.2008, the mother and step-mother of the respondent came to the house of the petitioner and resided there. The mother of the respondent has also advised the respondent to live with the respondent happily by stating that it is your house. The petitioner is not able to enjoy his life with the respondent due to her cruel nature, she quarrel and misbehave and started abusing the petitioner in the presence of friends and relatives. The respondent has never joined the company of the petitioner and the petitioner is providing maintenance to the respondent and his son, namely, Yatish, who is studying in Dayanand Public School near Kali Bari Temple, Shimla. All the expenses on account of caring of the child and also maintaining the respondent is paid by the petitioner and he is paying approximately Rs.10,000/- to Rs.15,000/- per month. The respondent is living with her mother, namely, Munni Devi at village Khalogra, Post Office Kumarhatti, Tehsil and District Solan and enjoying her life in her parental house. The petitioner is not able to enjoy his married life since 2008 with the respondent due to the cruelty and unreasonable quarrel. Due to ill-behaviour of the respondent, the petitioner is not able to adjust with the respondent, since the respondent has deserted the petitioner and also subjected him to cruelty and adultery, therefore, compelled with the circumstances created by the respondent, the petitioner has left with no other option, but to file an application under Section 13 (a) (i-a) (i-b) of the Hindu Marriage Act, for dissolution of marriage. The said application was listed before the learned Additional District Judge-II, Solan and vide order, dated 10.6.2015/15.7.2015, directed the petitioner to pay maintenance amount of Rs.15,000/- per month in favour of the respondent. After the impugned order passed by the learned Court, the respondent in order to unnecessary harass the petitioner filed an application under the Domestic Violence Act, against the petitioner. The said application was listed before the learned Court below and granted maintenance amount of Rs.5000/- per month in favour of the respondent from the date of filing of the application. Hence, the petition against the order of learned Court below under the provisions of Domestic Violence Act.

(3.) Learned counsel appearing on behalf of the petitioner has argued that the maintenance amount awarded by the learned Court below is too much on the higher side, as the learned Court below has not taken into consideration the fact that the earlier maintenance amount of Rs.15,000/- is being paid, as per the orders of learned Additional District Judge-II, Solan, in the petition for dissolution of marriage, as maintenance pendente lite and Rs.25,000/- as litigation expenses.