MADHU Vs. SURESH CHANDRA

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dtd. 30/10/2013 passed by the Additional Sessions Judge No. 1, Bhilwara (hereinafter referred to as the 'appellate court') in criminal appeal No. 2/2013, whereby the appellate court has quashed the order dtd. 24/11/2012 passed by the Judicial Magistrate, First Class No. 2, Bhilwara (hereinafter to be referred as the 'trial court'), whereby the trial court while passing an order regarding right to residence of the petitioner in the proceedings under Sec. 12 of the Domestic Violence Act, 2005 (for short 'the Act of 2005') directed the respondent to pay Rs.8,500.00 to the petitioner for the purpose of residence of the petitioner.

(2.) The appellate court has quashed the order dtd. 24/11/2012 passed by the trial court mainly on the basis that proceedings under Sec. 12 of the 'Act of 2005' are pending before the trial court where the matter was fixed on many occasions but the petitioner had failed to produce any evidence in support of her though she is appearing before the trial court on regular basis for the purpose of collection of the interim maintenance amount.

(3.) The appellate court has failed to take into consideration the fact that petitioner had filed application under Sec. 12 of the 'Act of 2005' in the year 2008 and trial court while passing an interim order observed that the order regarding the right to residence of the petitioner will be passed at the time of final decision of the proceedings under Sec. 12 of the 'Act of 2005'. The said order was passed in the year 2008 but up to 2012, the trial court neither decided the proceedings under Sec. 12 of the 'Act of 2005' nor passed any order regarding right to residence of the petitioner.