RAJLAXMI AND ORS. Vs. DHARMENDRA

JUDGEMENT

(1.) This criminal misc. petition under section 482 CrPC has been filed by the petitioners being aggrieved with the order dated 26.10.2013 passed by Special Judge, S.C./S.T.(Prevention of Atrocities) Cases, Jodhpur (for short 'the revisional court' hereinafter) in a revision petition preferred on behalf of respondent. In the said revision, the respondent has challenged the order dated 20.09.2013 passed by Nyayadhikari, Gram Nyayalaya, Mandore, Jodhpur (for short 'the trial court' hereinafter) in Cr.Misc.Case No.82/2013, whereby the trial court, while disposing of the application filed by the petitioners under Rule 6(5) of the Protection of Women from Domestic Violence Rules, 2006 (for short 'the Rules of 2006' hereinafter) and section 125(3) CrPC has ordered for sending the respondent for thirty days' civil imprisonment on account of his failure to pay the amount of maintenance as directed by the trial court while disposing of the proceedings under section 12 of Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005' hereinafter).

(2.) In the said order, the trial court has also ordered that if the respondent pays the maintenance amount before 19.10.2013, he may be released from the prison.

(3.) Brief facts of the case are that on the proceedings initiated at the instance of the petitioners under section 12 of the Act of 2005, the trial court has directed the respondent to pay maintenance to the petitioners to the tune of Rs.16000/- per month from the date of filing of application. When the respondent failed to pay the said maintenance amount, the petitioners have filed an application before the trial court and prayed that a warrant for recovery of levying amount due be issued and the respondent be sent for a period of one month civil prison for non-payment of maintenance amount. In the said proceedings, the respondent was arrested and produced before the trial court, where he had refused to pay the maintenance amount, then the trial court vide order dated 20.09.2013, has ordered to send him to civil prison for thirty days.