RAHUL Vs. SONAM

JUDGEMENT

(1.) By way of filing the present criminal misc. petition under Sec. 528 BNSS, the petitioner has prayed for the following reliefs :--

(2.) Learned Counsel for the petitioner submitted that the marriage between the petitioner-husband and the respondent wife was solemnized on 12/3/2018 at Nagpur, Maharashtra as per Hindu rights and rituals. The respondent-wife has been living separately from the petitioner-husband since 2019. The respondent- wife filed an application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter, Rs.D.V. Act') before the Court of learned Additional Sessions Judge No. 1, Chittorgarh. The application filed under Sec. 12 of D.V. Act came to be allowed vide order dtd. 3/8/2023 and the petitioner- husband was directed to pay interim maintenance of Rs. 40,000/- per month to the respondent-wife. The order dtd. 3/8/2023 was made effective from the date of said order.

(3.) It was contended that being aggrieved by the denial of monthly maintenance to the respondent-wife w.e.f. the date of filing of the application under Sec. 12 of the D.V. Act, the respondent-wife filed a Criminal Appeal No. 84/2023 before the Court of District and Sessions Judge, Chittorgarh. During pendency of the said criminal appeal, the petitioner-husband filed a counter appeal being Criminal Appeal No. 74/2024 on the ground that the interim maintenance awarded in favour of respondent-wife is highly excessive and therefore, the order passed by the Court of Additional Chief Judicial Magistrate No. 1, Chittorgarh may kindly be suitably modified.