RAKESH Vs. RAJNESH ALIAS MANTO

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 24.01.2009, passed by the learned Additional Chief Judicial Magistrate, Dholpur, whereby the learned Magistrate has not only directed the petitioner to pay a maintenance of Rs.1,000/- per month to the respondent-wife, but has also directed him to provide an accommodation to the respondent-wife in the shared household. The petitioner is also aggrieved by the order dated 06.03.2010, passed by the learned Sessions Judge, Dholpur, whereby the learned Judge has upheld the order dated 24.01.2009.

(2.) The brief facts of the case are that on 01.11.2007, the respondent-wife, Smt. Rajnesh @ Manto, filed an application under Sections 19, 20, 21, 22 of the Protection of Women from Domestic Violence Act, 2005 ('the Act', for short) against the petitioner-husband and his family members wherein she claimed that she got married with the petitioner in the year 1996.

(3.) But ever since her marriage, her in-laws' and husband have tortured her for dowry demands. She further claimed that due to the torture committed on her, she is living separately from the petitioner since 2005. Thus, she prayed for maintenance. The petitioner-husband filed reply to the application and denied the contents therein. After hearing both the parties, vide order dated 24.01.2009, the learned trial court allowed the application and directed the petitioner to pay Rs.1,000/- per month as maintenance to the respondent-wife and to provide her an accommodation in the shared household. Being aggrieved by the said order, the petitioner-husband filed an appeal before the appellate court. However, vide order dated 06.03.2010, the learned appellate court upheld the order dated 24.01.2009 and dismissed the appeal. Hence, this petition before this Court.