SURJA RAM Vs. PUSHPA DEVI

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner Surja Ram challenging the order dated 23.11.2010 passed by the learned Additional Sessions Judge No.2, Bikaner camp Dungargarh in appeal No.7/2009 whereby he has partly allowed the appeal filed by the petitioner and has reduced the amount of interim maintenance awarded to the respondent Smt. Pushpa Devi by the learned Judicial Magistrate, First Class, Dungargarh in case No.144/2008 by his order dated 2.3.2009 under the provisions of the Domestic Violence Act, and the amount directed to be paid to the respondent has been reduced from a sum of Rs.2000/- per month to Rs.750/- per month. Learned counsel for the petitioner submits that the respondent was not at all entitled to receive interim maintenance from the petitioner because she had herself deserted the petitioner for no good reason and as such, the learned trial Judge was not at all justified in granting interim maintenance to the respondent and that the learned Appellate Judge has also erred in not setting aside the order passed in favour of the respondent in toto.

(2.) Per contra, Shri K.L. Thakur, counsel appearing for the respondent submits that the petitioner being the husband of the respondent was under an obligation to maintain her because he had turned out the respondent from the matrimonial house after beating her. He further submits that the appellate Judge was not at all justified in reducing the maintenance directed to be paid to the respondent by the well reasoned order of the learned Magistrate and has prayed to this Court for exercising suo motu power of revision for restoring the order of the Magistrate.

(3.) I have given my thoughtful consideration to the arguments advanced at the bar and have perused the record of the case.