BAL KISHAN Vs. SHANTI BAI

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the judgment and order dated 07.05.2012 passed by learned Special Judge, Women Atrocities and Dowry Cases, Kota (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 108/2011, whereby the appeal of the appellant-petitioner filed under Section 29 of the Protection of Women From Domestic Violence Act, 2005(hereinafter referred to as 'the Act of 2005') was dismissed, upholding the order dated 18.08.2011 passed by the learned Civil Judge(Jr.Div.) and Judicial Magistrate First Class, Digod, District Kota(hereinafter referred to as 'the Trial Court') in Cr. Case No. 347/2010, whereby the application filed by the respondent-wife for interim maintenance has been disposed of by the Trial Court and the petitioner has been directed to pay Rs. 1,500/- per month to the respondent(Rs. 1,000/- for the respondent and Rs. 500/- for daughter) as interim maintenance under Section 12 of the Act of 2005 from the date of filing of the application.

(3.) Briefly stated the facts of the case are that the respondent filed a compliant under the provisions of the Act of 2005 with the allegation that her marriage was solemnized with the petitioner and she gave birth to a female child. After the marriage she was subjected to cruelty with regard to demand of Rs. 40,000/-. After the birth of daughter she was thrown out of her matrimonial house. The petitioner has the income of Rs. 18,000/- per month, therefore, he may be directed to pay Rs. 5,000/- per month to her as maintenance.