HEMANT Vs. KOMAL

JUDGEMENT

(1.) The instant revision petition has been filed under Sec. 397 R/w 401 Cr.P.C. by the petitioner-husband against the order dtd. 19/1/2018 passed by the learned Additional Sessions Judge, (Women Atrocities Cases) Jodhpur Metropolitan in Appeal No.12/2017 whereby learned Judge has partly allowed the appeal of the petitioner and order dtd. 17/10/2016 awarding interim maintenance of Rs.10,000.00 in favour of respondent- wife under Sec. 23 of Protection of Women from Domestic Violence Act has been maintained. Counsel for the petitioner-husband submits that the learned Court without appreciating the material available on record and without assigning any cogent reason has awarded ex-parte interim maintenance in favour of the respondent. Counsel further submits that the interim maintenance as awarded by the trial court is on higher side as the petitioner-husband is not having enough income, therefore the same may be reduced appropriately.

(2.) Heard the learned counsel for the petitioner and perused the impugned orders dtd. 19/1/2018 and 17/10/2016 passed by the courts below. The impugned order passed by the learned Additional Civil Judge and Metropolitan Magistrate No.10, Jodhpur Metropolitan is an interim order. The final order on the application is yet to be passed by the learned Additional Civil Judge and Metropolitan Magistrate No.10, Jodhpur Metropolitan. The learned Additional Civil Judge and Metropolitan Magistrate No.10, Jodhpur Metropolitan after taking into consideration all the material available before it, has rightly awarded interim maintenance of Rs.10,000.00 per month in favour of respondent-wife. The order impugned does not suffer from any illegality and perversity, hence, no interference is called for from this Court.

(3.) The criminal revision petition stands disposed of accordingly. The learned Additional Civil Judge and Metropolitan Magistrate No.10, Jodhpur Metropolitan is directed to decide the main application after taking into consideration all the documents and material aspect of the matter as well as statements so recorded before it, within a period of one year from the date of receipt of certified copy of this order. Stay petition also decided accordingly.