RAJNISH KUMAR Vs. GAYTRI

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner-husband against the order dtd. 3/11/2023 passed by the learned Additional Sessions Judge, Sujangarh, District Churu in Cr. Appeal No. 13/2023 whereby, the learned Appellate Court dismissed the appeal of the petitioner- husband and upheld the order dtd. 13/6/2023, passed by learned Additional Chief Judicial Magistrate, Sujangarh, District Churu in Cr. Case No. 4/2019 whereby, the learned Trial Court awarded interim maintenance of Rs.5,000.00 per month to the respondent-wife and Rs.5,000.00 per month to minor daughter under Sec. 12 of Domestic Violence Act.

(2.) Learned Counsel for the petitioner-husband submits that according to the provisions of Sec. 12 of the Domestic Violence Act, before passing any order on such application, the Court should take into consideration any domestic incident report received from the Protection Officer or the Service Provider. But in the present case, the learned Trial Court without adhering to the aforesaid provisions, has passed the impugned order of maintenance. Thus, the order impugned is per se illegal. Counsel further submits that the learned Trial Court also committed error in granting maintenance from the date of filing of the application, which is very much harsh as the respondent-wife is earning a good income. Further, the Appellate Court has also committed same error in upholding the order of the Trial Court. Therefore, it is prayed that the maintenance amount may be reduced appropriately and the same may be awarded from the date of passing of the order.

(3.) Counsel for the respondent-wife submits that from the order-sheets, it would reveal that a report was called for from the Protection Officer. The petitioner-husband is a Government servant and according to his salary slip, his monthly income is Rs.62,000.00 . Thus, the learned Courts below have rightly awarded interim maintenance in favour of respondent-wife.