CHHELUDDIN Vs. BALKISA AND ORS

JUDGEMENT

(1.) By way of this revision petition, the petitioner Chheluddin has approached this Court being aggrieved of the order dt. 23.08.2012 passed by the learned Additional Sessions Judge (Fast Track) No. 2, Hanumangarh, Headquarter Nohar in appeal whereby, the appellate Court partly allowed the petitioner's appeal and while modifying the order dt. 30.10.2007 passed by the learned ACJM, Nohar in Criminal Regular Case No. 14/2007, directed that the petitioner shall make payment of Rs. 1,500/- per month to each of the respondents by way of maintenance under the provisions of the Domestic Violence Act. The respondent Aamin would be entitled to receive maintenance till he attained the age of 18 years. In addition, it was also directed that the petitioner shall make payment of Rs. 1,000/- per month by way of rent to Balkisa. The learned trial Court, whilst accepting the application filed by the respondents under Sec. 12 of the Domestic Violence Act, directed that the petitioner shall make payment of a sum of Rs. 2,500/- per month to each of the respondents by way of maintenance and the respondent shall be entitled to sell the house given by the petitioner to her at the village Malsisar and to go to live at her father's village. This Court, by an interim order dt. 12.02.2015, sent the matter to the learned trial Court for taking evidence and deciding the issue as to whether or not the petitioner had provided a separate residential premise to the respondent Balkisa in the village Malsisar. The learned trial Court, upon remand, recorded evidence and passed an order dt. 05.05.2015 concluding that the respondent Balkisa was residing in a separate house constructed and provided to her by the petitioner Chheluddin. The said order has not been challenged till date. In the backdrop of these facts, this Court is of the firm opinion that the direction given to the petitioner by the learned appellate Court in its order dt. 23.08.2012 to make payment of a sum of Rs. 1,000/- by way of rent to the respondent Balkisa cannot be sustained. However, no interference is called for in the quantum of maintenance awarded to the respondents Balkisa and Aamin.

(2.) Thus, the revision petition deserves to be partly allowed. The order dt. 23.08.2012 passed by the appellate Court is modified. The petitioner shall continue to make payment of a sum of Rs. 1,500/- to each of the respondents in terms of the appellate court's order. However, the direction given by the appellate Court to the petitioner that he shall make payment of a sum of Rs. 1,000/- to the respondent Balkisa by way of rent is set aside. The revision petition is partly allowed in the above terms. Stay application stands disposed of.