RAISA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Revision, petitioners No.1 and 2 have prayed for quashing of the order dtd. 29/11/2021 passed by the learned Sessions Judge (Woman Atrocities Cases), Jodhpur in Criminal Appeal No.68/2020 and prayed for enhancement of the amount of maintenance passed in their favour.

(2.) The brief facts as narrated by the petitioners are that petitioner No.1 filed applications under Ss. 12 and 23 of the Protection of Woman from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005') before the trial Court averring therein that as per Muslim rites and customs, marriage between the petitioner No.1 and the respondent No.2 was solemnized on 6/12/2004 at Jodhpur. Out of this wedlock, petitioner-wife begotten two daughters petitioner No.2 Aarju and second daughter is no more alive. After marriage, relations between the husband and wife were not congenial as petitionerwife was harassed and humiliated on account of demand of dowry and she was subjected to cruelty by the respondent-husband and his family members. Thus, on certain disputes arising between the parties, the petitioner-wife was ousted from her matrimonial home along with her children. After turning the petitioner wife out of the matrimonial home, respondent-husband solemnized second marriage, thus, she preferred an application (No.16/2020) under Sec. 23 of the Act of 2005 before the learned Additional Metropolitan Magistrate No.2, Jodhpur Metro (hereinafter referred to as 'the trial Court') along with the another application under Sec. 12 of the Act of 2005 claiming therein that she has no means to maintain herself and children and further that respondent husband was carrying on handicraft business and had sufficient income and means to maintain them as he has having income of Rs.60,000.00 per month, she thus prayed for grant of Rs.15,000.00 per month towards maintenance from the respondent-husband.

(3.) After hearing the parties, the trial Court found that the respondent had failed and neglected to maintain his wife and children and that they had no source of income or means to maintain themselves and accordingly held that they were entitled to the grant of maintenance from the respondent. Vide order dtd. 11/12/2020 the learned trial Court allowed the application filed by the petitioners under Sec. 23 of the Act of 2005with a direction to the respondent-husband to pay Rs.4,000.00 per month (Rs.2,000.00 each to petitioners No.1 & 2) to petitioners as maintenance.