RAMU @ RAMLAL TALK S/O LATE SHRI INDRA TALK Vs. SMT. NIRMALA DEVI W/O RAMU @ RAMLAL TALK D/O LATE LALITA PRASAD

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by order dated 25.03.2017 passed by Additional Sessions Judge, Women Atrocities Cases No. 1, Jaipur Metropolitan, Jaipur who allowed the appeal filed by the wife and set-aside the order dated 12.08.2016 passed by Metropolitan Magistrate No. 16, Jaipur, Metropolitan, Jaipur who had dismissed the criminal complaint filed by the wife.

(2.) It is contended by counsel for the petitioner that the petitioner was married to respondent No. 1 in the year 1984. She left the matrimonial home in the year 1986 and started residing with her brother-in-law Kishan. The complaint was filed under section 12 of the Protection of Women From Domestic Violence Act read with Sections 18, 19, 20 and 22 of the Act, wherein, it was alleged that the petitioner gave beating to the complainant in the year 2011. Respondent claimed Rs. 10,000/- per month as maintenance under Section 20 of the Act. The trial Court rejected the application aggrieved by which the respondent preferred an appeal and the Appellate Court has reversed the order passed by the trial Court and awarded maintenance to the tune of Rs. 5,000/- per month.

(3.) It is contended that the explanation of Section 3 provides that whether any act, omission, commission or conduct of the respondent constitutes domestic violence under this section the overall facts and circumstances of the case shall be taken into consideration.