RAHUL SONI @ DIOMOND SONI SON OF SHRI RAMESH SONI, BY CASTE SWARNKAR, RESIDENT OF KAILASH BHAWAN, OPPOSITE POLICE LINE, RATANADA, JODHPUR Vs. NIKITA SONI WIFE OF SHRI RAHUL SONI @ DIOMOND SONI, DAUGHTER OF SHRI RAM SINGH SONI, BY CASTE SWARNKAR, RESIDENT OF HOUSE NO. 7, RAJENDRA VIHAR, NEW AKASHWANI COLONY, KOTA

JUDGEMENT

(1.) In this Revision Petition, petitioner-husband assailed the impugned order dated 21.05.2016 passed by Learned Additional District and Sessions Judge No. 3, Kota in Criminal Appeal No. 12/2015 (Rahul Soni @ Diomond Soni Vs. Smt. Nikita Soni) whereby Learned Lower Appellate Court dismissed the appeal of present petitioner while affirming impugned order dated 20.01.2015 passed by Learned Judicial Magistrate No. 2 (South), Kota in Complaint Case No. 76/2013 (Smt. Nikita Soni Vs. Rahul Soni @ Diomond Soni) whereby Learned Magistrate allowed the application of respondent/wife for interim maintenance for Rs. 20,000 per month under Sec. 12 read with Sec. 18, 19, 20, 22, 23 of Domestic Violence Act, 2005.

(2.) The brief facts of the case are that respondent/wife filed an application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short Act of 2005) on the alleged facts that she is legally wedded wife of the petitioner and is living separately, petitioner/husband is committing domestic violence he is committing cruelty with her in connection of dowry, therefore she cannot live with the petitioner and prayed for interim maintenance in the tune of Rs. 25,000 per month.

(3.) Petitioner/husband in reply to the application denied allegations levelled by respondent/wife and stated that he never committed any act of violence against the respondent/wife and he is always ready and willing to live with the respondent/wife and child, but the respondent/wife is living separately from the petitioner/husband on her own accord and without any reasonable cause, therefore she is not entitled for any interim maintenance amount. After hearing both the parties, Learned Magistrate partly allowed the application for interim maintenance and awarded maintenance amount in the tune of Rs, 20,000.00 per month.