MOHD. RAFIQUE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two revisions are directed against the order dated 25.04.2015 passed by the learned Additional Sessions Judge No.2, Jodhpur Metropolitan in two appeals, one filed by Mohd. Rafique and the other filed by Smt. Rahmat Bano and Mohd. Shafeeq. The appellate court rejected both the appeals and affirmed the order dated 21.01.2014 passed by the learned Metropolitan Magistrate, Jodhpur Metro in Criminal Case No.455/2010.

(2.) The learned Metropolitan Magistrate, by the above order, had accepted the application filed by Smt. Rahmat Bano and Mohd. Shafeeq being the wife and minor son respectively of Shri Mohd. Rafique under the provisions of the Domestic Violence Act and directed that Mohd. Rafique shall make payment of an amount of Rs. 1,000/ - per month to each of the applicants in addition to the maintenance already being received by them under the orders passed by different courts. Shri Mohd. Rafique was also directed not to commit any domestic violence upon Smt. Rahmat Bano and Mohd. Shafeeq.

(3.) The wife and the son, challenged the order passed by the learned Metropolitan Magistrate by filing an appeal in the Sessions Court on the ground that the learned Magistrate, did not pass any order on the relief claimed by them under Sections 18, 19, 20, 21 and 22 of the Domestic Violence Act and that, while treating the income of the respondent to be Rs. 80,000/ - per month, he be directed to pay ?rd of the said amount to them by way of monetary relief. Mohd. Rafique challenged the order passed by the Magistrate in appeal claiming that the monetary relief granted to the respondents was unjustified and excessive. His income was only Rs. 3,000/ - per month and his old aged parents were dependent on him. The claimants had already been awarded a sum of Rs. 4,000/ - per month by way of maintenance in proceedings under Sec. 125 of the Crimial P.C. and thus, the impugned order should be set aside. The appellate court, by its order dated 25.04.2015, rejected both the appeals and affirmed the order dated 21.01.2014 passed by the learned Magistrate. Hence these revisions.