VIJAY SHANKAR Vs. KAMLESH AND ANR

JUDGEMENT

(1.) This Revision Petition under sec.397 read with sec.401 CrPC is directed against the order dated 16 th August 2010 passed by learned Sessions Judge, Chittorgarh in Cr. Appeal No.85/2010- Vijay Shankar v. Smt Kamlesh and another, whereby appeal of the petitioner-husband was dismissed being barred by limitation and order dated 20.03.2010 passed by learned Chief Judicial Magistrate, Chittorgarh in Case No.376/2008 was maintained, whereby petitioner-husband was directed to make payment of maintenance allowance of Rs.3000/- per month to respondent-wife with effect from the date of filing the application (27.07.2008) under sec.12 of the Protection of Women from Domestic Violence Act, 2005.

(2.) Briefly stating facts of the case are that respondent-wife preferred an application under sec.12 of the Act of 2005 against petitioner-husband before learned Chief Judicial Magistrate, Chittorgarh on 26.07.2008, inter alia, averring that she is wife of the petitioner, the petitioner used to beat her after consuming liquor and treats her with cruelty and has now expelled her from his house. Previously also, on 25.7.2008 the Women Safety Center, Chittorgarh tried to reconcile the matter between her and petitioner-husband but the petitioner-husband demanded dowry and mocked her for not giving him a child. It was stated that the applicant-wife has to live in rented house and has to spend money for her medical treatment. It was submitted that petitioner-husband is partner in liquor-contract and earns Rs.10,000/- per month and he has also rented out a godown to liquor-vendor, giving him income of Rs.5000/- per month. With these averments, maintenance was prayed.

(3.) In reply, the petitioner-husband contended that the applicant-wife at her own residing with her father since 2003, he did not ever beat her, nor demanded dowry nor he works at liquor shop. The applicant-wife wants to contract another 'nata' marriage and with this motive, he has filed present application.