LAWS(RAJ)-2011-3-42

BHAVESH GANGWANI Vs. STATE OF RAJASTHAN

Decided On March 04, 2011
BHAVESH GANGWANI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE petitioner has challenged the order dated 11.10.2010, passed by the learned Judicial Magistrate (First Class) No.3, Ajmer, whereby the learned Magistrate had granted an interim maintenance of Rs.2,000/- p.m. under the Provisions of Domestic Violence Act, 2005 ('the Act, 2005', for short) to the respondent No.2, Smt. Deepa Lalwani @ Hansika Gangwani. He has also challenged the order dated 13.11.2010, passed by the learned Sessions Judge, Ajmer, whereby the learned Judge has confirmed the order dated 11.10.2010 passed by the learned Magistrate.

(2.) THE brief facts of the case are that the petitioner, Bhavesh Gangwani and the respondent No.2, Smt. Deepa Lalwani, were married on 27.03.2008 according to Hindu rites and customs. However, due to certain matrimonial disputes, the couple parted. Subsequently, Smt. Deepa Lalwani, filed an application under the Act, 2005 and sought a maintenance of Rs.4,000/- p.m. Vide order dated 11.10.2010, the learned Magistrate granted a maintenance of Rs.2,000/- p.m. to the respondent No.2. Since the petitioner was aggrieved by the said order, he challenged the same before the learned Sessions Judge by way of filing an appeal. However, vide order dated 13.11.2010, the learned Judge upheld the order dated 11.10.2010 and dismissed the appeal. Hence, this petition before this Court.