SURESH S/O. SHAMBHUPURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Criminal Revision Nos.1205/2016 has been preferred by husband and 1206/2016 has been preferred by mother-in-law and father-in-law aggrieved by the judgment and order dated 12.04.2014 passed by Additional Civil Judge (J.D.) and Judicial Magistrate, Kishangarh who awarded Rs. 2,500/- per month under Section 19 for residence, Rs. 2,000/- per month for maintenance under Section 20 and Rs. 1,00,000/- as one time compensation under section 22 of the Protection of Women From Domestic Violence Act, 2005 and against the judgment and order dated 21.11.2015 passed by Additional Sessions Judge, Kishangarh whereby the appeal was partly allowed and the amount awardable as maintenance was directed to be adjusted with the amount awarded in other proceedings, the appellate Court further reduced the one time compensation from Rs. 1,00,000/- to Rs. 25,000/- under section 22 of the Protection of Women From Domestic Violence Act, 2005.

(2.) Criminal Revision Nos.128/2016 and 236/2016 have been preferred by wife Smt. Seema aggrieved by the order of the appellate Court dated 21.11.2015 vide which the appellate Court has reduced the one time compensation from Rs. 1,00,000/- to Rs. 25,000/- and against the direction that the maintenance payable would be adjusted with the maintenance payable under other proceedings. Wife has also claimed that the maintenance under the Protection of women from Domestic Violence Act, 2005 be enhanced.

(3.) Briefly stated facts of the case are that the marriage of Suresh and Seema took place on 17.04.2009 an F.I.R. was lodged by Smt. Seema on 01.05.2010. The proceedings under the Protection of women from Domestic Violence Act was initiated on 04.05.2010 and application under Section 125 Cr.P.C., 1973 was filed on 18.12.2010. The order under the Protection of women from Domestic Violence Act was passed by the trial Court on 12.04.2014 and husband Suresh was convicted under Section 498-A I.P.C. on 09.04.2015.