LAWS(RAJ)-2018-9-70

NIKHIL SHAHRA AND ORS. Vs. STATE OF RAJASTHAN

Decided On September 07, 2018
Nikhil Shahra And Ors. Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr.P.C., 1973 praying that the order dated 23.07.2018 passed by Session Judge, Dausa in criminal appeal No. 33/2018 be set aside along with order dated 26.04.2018 passed by Chief Judicial Magistrate, Dausa, whereby in a petition under section 12 of Protection of Women From Domestic Violence Act, 2005 maintenance was awarded in favour of the aggrieved wife.

(2.) Counsel for the petitioners has contended that the court of Metropolitan Magistrate had awarded Rs. 3000/- as maintenance. Aggrieved against the same respondent No. 2 filed an appeal and the appellate court below enhanced the amount of interim maintenance to to Rs. 7,000/- per month.

(3.) Counsel for the petitioners has contended that twice the compromise was affected between the parties. Counsel for the petitioners has drawn attention of this court to compromise(Annx.2) which is at page 25 of the paper book. In the compromise dated 13.04.2017 (Annx.2) it was agreed that the petitioners shall pay Rs. 10,50,000/-to the aggrieved wife and the parties shall obtain divorce and all litigations between them come to an end.