JAI LAL Vs. SOMA DEVI

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, petitioner-husband has prayed for quashing and setting aside of order dated 11.7.2018, passed by the learned Sessions Judge, Bilaspur, in Cr.R No. 3/10 of 2017, CNR No. HPB1010000832017, affirming order dated 24.8.2016, passed by the learned CJM Bilaspur, in case No. 129/3 of 2016 (Domestic violence Act Complaint No. 10/2016), titled Soma Devi V. Jai Lal, whereby respondent-wife, came to be held entitled for interim maintenance @ Rs. 10,000/- to be paid by the respondent (petitioner herein) from the date of filing of the application.

(2.) Facts, as emerge from the pleadings as well as documents adduced on record are that respondent herein, who is a legally wedded wife of the petitioner, filed complaint under Section 12 of the Domestic Violence Act (in short "the Act"), praying therein for grant of maintenance for herself as well as her children under Sections 18, 19, 20 and 22 of the Act. Respondent-wife also prayed that she be provided adequate accommodation to live alongwith her minor children (Annexure P-3). Aforesaid petition having been filed by the respondent- wife came to be resisted on behalf of the petitioner, who specifically took objection of maintainability, jurisdiction and estoppel. Petitioner- husband stated before the court below that application having been filed by the respondent-wife is based upon wrong and fabricated facts. However, fact remains that learned CJM Bilaspur vide interim order dated 24.8.2016 (Annexure P-4) held the respondent-wife entitled for interim maintenance @ Rs. 10,000/- to be paid by the petitioner- husband from the date of filing of the application under Section 12 of the Act.

(3.) Being aggrieved and dissatisfied with the aforesaid interim order passed by the learned CJM Bilaspur, petitioner-husband preferred criminal revision bearing case No. 3/10 of 2017, in the court of learned Sessions Judge Bilaspur, praying therein to set-aside interim order passed by the learned CJM Bilaspur. Learned Sessions Judge, Bilaspur, vide impugned order dated 11.7.2018 (Annexure P-5) dismissed the revision petition having been filed by the petitioner-husband and as such, he has approached this Court in the instant proceedings.