PUNEET BAKSHI Vs. SUNILA BAKSHI

JUDGEMENT

(1.) By way of present petition filed under Art. 227 of the constitution of India read with Sec. 482 of the Code of Criminal Procedure, challenge has been laid to judgment dated 4.12.2017, passed by learned District Judge, Chamba, District Chamba, H.P., in Criminal Appeal No.24 of 2016, affirming the order dated 13.5.2016, passed by learned Chief Judicial Magistrate, Chamba, District Chamba, H.P., in Case No 21-I of 2012, whereby learned trial Court while allowing the petition filed under Sec. 12 and 18 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "D.V. Act"),directed the petitioner-husband to provide one well furnished room with WC and kitchen in the locality and to pay maintenance allowance to the tune of Rs. 8000.00 per month to the respondent-wife from the date of order i.e. 13.5.2016, as interim maintenance.

(2.) Briefly stated facts, as emerge from the record are that marriage inter se petitioner-husband and the respondent-wife was solemnized on 25th Feb., 2008 at village Mehla, Tehsil and District Chamba, H.P., as per Hindu Rites and Customs prevalent in the illaqua. However, fact remains that due to certain differences, parties referred hereinabove, were unable to live together for long. In the year, 2011, respondent-wife left her matrimonial house and started living with her parents at her parental house. On 16th Jan., 2012, respondent-wife filed petition under Sec. 12 and 18 of D.V. Act, praying therein for maintenance as well as accommodation to live. Vide interim order dated 16.3.2012, learned Chief Judicial Magistrate directed the petitioner to provide one well furnished room with WC and kitchen in the locality and subsequently vide order dated 13.5.2016 while confirming its interim order dated 16.3.2012, also directed the petitioner-husband to pay maintenance allowance to the tune of Rs. 8000.00 per month to the respondent-wife from the date of the order.

(3.) Being aggrieved and dissatisfied with the aforesaid order passed by the learned Chief Judicial Magistrate, Chamba, petitioner-husband preferred an appeal under Sec. 29 of the Protection of the Women from Domestic Violence Act, 2005 in the Court of learned District Judge, Chamba, District Chamba, H.P, which came to be dismissed vide judgment dated 4th Dec., 2017, as a consequence of which, order dated 13th May, 2016, passed by learned Chief Judicial Magistrate, Chamba came to be upheld. In the aforesaid background, petitioner-husband approached this Court in the instant proceedings, praying therein to set-aside the judgment passed by the learned District Judge, whereby he upheld the order dated 13th May, 2016, passed by the learned Chief Judicial Magistrate, Chamba, granting maintenance in favour of the respondent-wife.