ASHOK Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the respondents.

(2.) This revision petition under section 397/401 Crimial P.C. has been filed against the order dated 03rd June 2011 passed by the learned Additional Sessions Judge (Fast Track), No.2, Jodhpur Metropolitan in Cr. Appeal No.61/2010, Ashok Vs. Jogi Devi & others whereby the court below dismissed the appeal and upheld the order dated 25th Sept. 2010 passed by learned Judicial Magistrate, Jodhpur District in Cr. Case No.65/2010, whereby learned Judicial Magistrate allowed application of respondent-wife Smt Jogi Devi @ Jyoti under section 23 of the Domestic Violence Act and ordered the petitioner-husband to pay maintenance allowance of Rs. 1800.00 per month to her wife & minor daughter.

(3.) The concise facts of case are that the petitioner Ashok married with respondent Jogi Devi @ Jyoti in the year 2008 in village Uchiyarda with Hindu customs & rites. After the marriage, respondent-wife Jogi Devi @ Jyoti started living with her husband in the in-laws' house, the marriage relation consummated and on 16.10.2009 Smt Jogi Devi gave birth to a daughter.