ASHOK BENIWAL Vs. RAMESHWARI DEVI

JUDGEMENT

(1.) This criminal revision petition has been filed by the petitioner being aggrieved with the order dated 13.9.2013 passed by the Additional Sessions Judge, Anoopgarh, Camp Gharsana, District Sri Ganganagar (hereinafter referred to as 'the appellate court') in Criminal Appeal No.22/2013 whereby the appeal filed by the petitioner against the order dated 17.6.2013 passed by the Judicial Magistrate, First Class, Gharsana, District Sri Ganganagar (hereinafter referred to as 'the trial court') in pending proceedings preferred on behalf of respondent under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005') has been dismissed with a direction to the petitioner to pay an amount of L 12,000/- per month as interim measure to the respondent and also directed that the petitioner will allow the respondent and her son to live in house No.730, Sector No.16-17, Hisar, Haryana with all dignity.

(2.) The appellate court vide impugned order dated 13.9.2013 has affirmed the said order with direction to the petitioner to provide safe residence in house No.730, Sector No.16-17, Hisar, Haryana to the respondent and also issued a direction that he will not harass her in any manner.

(3.) The learned counsel for the petitioner has submitted that pursuant to the directions given by the trial court, the petitioner is regularly paying maintenance to the tune of L 12,000/- per month to the respondent. The respondent, however, has submitted that the direction regarding allowing the respondent to live in house No.730, Sector No.16-17, Hisar, Haryana cannot be complied with because the said house is already fallen into the share of his mother and brother pursuant to decree passed by the civil court on 18.5.2013. The learned counsel for the petitioner has, therefore, prayed that the direction given by the appellate court as well as trial court of allowing the respondent to live in the above mentioned house of Hissar, Haryana, is liable to be quashed and set aside.