VISHAL KAUSHIK Vs. SHIPRA KAUSHIK

JUDGEMENT

(1.) HEARD learned counsel for the parties. This revision petition under Sec. 397 read with Section 401 Cr.P.C. is directed against the judgment and order dt. 11.06.2010 passed by learned Sessions Judge, Ajmer (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 371/2009, whereby the appeal of the appellant -respondent -wife filed under Sec. 29 of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005') was allowed and the order dt. 06.11.2009 passed by the learned Judicial Magistrate, First Class, No. 1, Ajmer (hereinafter referred to as 'the Trial Court') in Criminal Case No. 214/2008, by which the application under Sec. 12 of the Act of 2005 filed by respondent -wife was allowed and a sum of Rs. 4,000/ - per month was granted to her as interim maintenance from the date of order, was modified in the manner that the amount of interim maintenance was enhanced from Rs. 4,000/ - per month to Rs. 10,000/ - per month and the said amount was made payable from the date of filing of the application, i.e. 01.12.2008 instead of date of order.

(2.) BRIEFLY stated the facts of the case are that on 01.12.2008, the respondent -wife filed a petition under Sec. 12 of the Act of 2005 before the Trial Court inter alia stating therein that her marriage with the petitioner -husband was solemnized on 30.01.2006 as per Hindu rites and at the time of marriage, sufficient dowry was given by her parents. After the marriage, for sometime the conduct and behavior of the petitioner -husband and his family members towards the respondent -wife was good, but thereafter, they used to torture, harass and beat her for not bringing sufficient dowry and they used to make demand of dowry. The behavior of her husband and family members was such cruel, which compelled her to live with her parents and since 14.10.2008, she is living with her parents. She was subjected to cruelty, harassment, beatings and humiliation for and in connection with demand of dowry. She has also lodged a report against her husband -petitioner and his family members in the Mahila Police Station, Ajmer for the offences under Secs. 498A, 406 IPC. The income of her husband -petitioner is Rs. 75,000/ - per month, hence she prayed for relief under Sec. 17 - right to reside in a shared household; under Sec. 18 -protection order; under Sec. 19 -residence orders; under Sec. 20 -monetary relief to the tune of Rs. 25,000/ - and under Sec. 22 -compensation to the tune of Rs. 10,00,000/ -. Along with the said petition, an application under Sec. 12 of the Act of 2005 was also filed for grant of interim maintenance.

(3.) AFTER considering rival submissions of the parties and the evidence adduced, learned Trial Court vide order dt. 06.11.2009 allowed the application of the respondent -wife filed under Sec. 12 of the Act of 2005 and ordered for payment of interim maintenance allowance in terms stated hereinabove. On appeal by the respondent -wife, learned Appeal Court vide order dt. 11.06.2010 allowed the appeal of the respondent -wife and modified the order dt. 06.11.2009 passed by the Trial Court and enhanced the interim maintenance from Rs. 4,000/ - per month to Rs. 10,000/ - and also made that amount payable from the date of filing of the application instead of date of order passed by the Trial Court.