BADRI LAL GURJAR Vs. YOGESH KUMARI

JUDGEMENT

(1.) The petitioner has challenged the order dated 19.3.2009, passed by the Additional Chief Judicial Magistrate No.4, Kota,whereby the learned Magistrate had directed the petitioner to pay Rs.1,200 per month to the respondent No.1,Yogesh Kumari,and Rs.800 per month to the respondent No.2,Rimjhim, by way of interim maintenance under Section 12 of the , Protection of Women from Domestic Violence Act, 2005. The petitioner has also challenged the order dated 3.8.2009, passed by the learned Judge, Special Court (Women's Atrocities and Dowry) Cases,Kota, whereby the learned Judge has upheld the order dated 19.3.2009.

(2.) Mr. Naseemuddin Quazi,the learned counsel for the petitioner, has vehemently argued that the respondent No.1 was living with her father-in-law, sister-in-law and brother-in-law. None of them had committed any act of domestic violence against her. She is unjustified in claiming that they had thrown her out of the matrimonial home. Moreover, the petitioner happens to be an old man who does not have any source of income. Hence, he is unable to pay the interim maintenance as directed by the learned Magistrate and the learned Judge. Lastly, the respondent No.1, herself, is a teacher by profession. She is, thus, able to earn sufficient amount for herself and her child. Therefore, according to the learned counsel both the impugned orders should be quashed and set aside.

(3.) Heard the learned counsel for the petitioner and perused the impugned orders.