COMPANY RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present revision petition has been preferred by the petitioners against the impugned order dtd. 25/2/2019 passed by learned Additional Sessions Judge-II, Munger in Criminal Appeal No. 21 of 2017, whereby learned Sessions Court has directed the father-in-law and mother-in-law of the Complainant to pay maintenance to her.

(2.) The relevant facts of the case emerging from the records is that the O.P. No. 2/Complainant had filed one application before learned Additional Chief Judicial Magistrate IVth, Munger bearing Complaint No. 361(C) of 2017 under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 for passing protection order, residence order as well as maintenance order against her husband, parents-in-law as well as other relatives of the Complainant. Thereafter, learned Additional Chief Judicial Magistrate has passed the order dtd. 7/9/2017 whereby all the opposite parties were directed to provide residence and pay maintenance to the Complainant. Protection order against all of them was also passed by learned A.C.J.M. The said order of learned A.C.J.M was impugned before learned Sessions Court in Criminal Appeal No. 21 of 2017. During the pendency of this appeal, husband of the Complainant, Saurabh Kumar died. By the impugned final appellate order, learned Sessions Court modified the order dtd. 25/2/2019 passed by learned A.C.J.M. holding that in view of the fact that the husband of the complainant has died, both the parents-in-law of the Complainant are liable to pay maintenance to their Daughter-in-law/Complainant . Hence, he directed them to pay maintenance @ Rs.5,000.00 per month. There was no modification in regard to residence and protection order passed in favour of complainant. Being aggrieved by the impugned order, the petitioners preferred the present revision petition. The petitioners are parents-in-law and other relatives of the Complainant.

(3.) I heard the learned counsel for the petitioners, learned APP for the State and learned counsel for O.P. No. 2.