ALKA Vs. DEEPAK DAGA AND ANR.

JUDGEMENT

(1.) The instant revision petition has been filed on behalf of the petitioner challenging the order dated 6.10.2010 passed by the learned Sessions Judge, Jaisalmer in Criminal Appeal No. 67/2009, whereby the appeal filed by the respondents against the order dated 14.10.2009 passed by the learned Addl. Chief Judicial Magistrate, Pokaran, has been accepted and the learned appellate Court has modified the order of the learned Addl. Chief Judicial Magistrate, Pokaran by reducing the amount of interim maintenance directed to be paid to the petitioner under Sec. 23 of the Domestic Violence Act from rupees five thousand to rupees three thousand.

(2.) Learned counsel for the petitioner submits that the learned trial Court, after proper consideration of the material available on the record, reached to a finding that the petitioner was entitled to receive a sum of rupees five thousand per month as interim maintenance and the learned appellate Court, without any justification, just on the basis of a conjectural conclusion, has reduced the same to a sum of rupees three thousand per month. He submits that the fact regarding the petitioner's being entitled to receive the interim maintenance is not in dispute but without any reason or justification whatsoever, the amount of interim maintenance has been reduced by the learned appellate Court.

(3.) Pointing out to the finding of the learned appellate Court in para 10 of its order, learned counsel contends that the conclusion arrived at by the learned appellate Court that a sum of rupees three thousand per month would be sufficient for the interim maintenance as well as educational expenses for a grown up lady, is absolutely unjustified. Learned counsel for the petitioner thus prays that the instant revision petition be accepted and the order dated 6.10.2010 passed by the learned Sessions Judge, Jaisalmer be quashed and the order dated 14.10.2009 passed by the learned Addl. Chief Judicial Magistrate, Pokaran be restored.