VINOD KUMAR NATHWANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this misc. petition preferred under Section 482 Cr.P.C., petitioner Vinod Kumar Nathwani assailed the impugned order/ judgment dated 21.03.2014 passed by learned Special Judge (Fake Currency Cases) & Additional District & Sessions Judge, Jaipur Metropolitan, Jaipur in Criminal Appeal under Domestic Violence Act, No. 32/2013 (956/2013) whereby learned Special Judge while dismissing the appeal of present petitioner affirmed the order dated 26.10.2013 passed by learned Metropolitan Magistrate No. 22, Jaipur Metro in Criminal Misc. Case No. 129/2012 whereby he allowed the application submitted by respondent under Section 23 of Domestic Violence Act, 2005 and awarded Rs. 2, 000/- per month from the date of application i.e. 05.07.2012 in favour of respondent and against the present petitioner.

(2.) The brief facts of the case are that the respondent- Smt. Bharti Adwani filed complaint under section 12 of the Protection of Women from Domestic Violence Act, 2005 against the appellant before learned Magistrate. It was averred in the complaint that she is a legally wedded wife of the petitioner- Vinod Kumar Nathwani, non- applicant (petitioner herein) has also committed domestic violence with the complainant, therefore, protection as provided under the Act of 2005 may be granted. An application under section 23 of the Act of 2005 was also filed by the complainant with the complaint regarding interim order/maintenance, mentioning therein that complainant having best hopes of the success in the original complaint, but it will take time, therefore, according to the provisions of section 23 of the Act of 2005, the complainant is entitled to get the interim maintenance to the tune of Rs. 5000/- per month, Rs. 3000/- as medical expenses, and Rs. 5, 00, 000/- as compensation along with other reliefs.

(3.) Non- applicant filed reply to the application before learned trial court denying the allegations made by the respondent No.2. It was mentioned in the reply that the complainant has filed original complaint only on the basis of false allegations, it was also submitted that the complainant was a greedy lady and has filed the present complaint only for extracting more money. It was further submitted that the complainant has concealed the fact of earlier marriage and the first marriage of the complainant was not dissolved as per law. The appellant has also filed a petition for declaring the marriage with the respondent as null and void in the court of law. However, respondent is deliberately avoiding the said proceeding. Hence, the present application under section 12 of D.V. Act is not maintainable as the respondent is not the legally wedded wife of the appellant. It is further submitted that the respondent has committed the offence of Bigamy and the case against her is pending in the court of ACJM No.2, Jaipur Metropolitan, Jaipur.