MD PERWEJ AKHTAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Gautam Kumar, learned counsel for the petitioners and Mr. Jitendra S. Singh, learned counsel for the opposite party No. 2.

(2.) This application is directed against the order dated 22.02. 2014, passed by Sri Ram Bachan Singh, learned Additional Sessions Judge-II, Sahebganj in Cr. Appeal No. 68 of 2012, whereby and whereunder, order passed by the learned Sub Divisional Judicial Magistrate, Sahibganj in P.C.R. Case No. 291 of 2009 under Section 12 of the Protection of Women from Domestic Violence Act had been affirmed.

(3.) Opposite Party No. 2 had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act in which it was stated that marriage of the petitioner No. 1 with opposite party No. 2 had been solemnized on 21.04. 2008 as per Muslim rites and customs. It was alleged therein that there was a demand of Rs. 3,00,000/- from her in-laws and threat was also meted out to her consistently. Opposite party No. 2 had demanded monthly maintenance of Rs. 5,000/- per month on the ground that petitioners are men of means and they have monthly income of Rs. 25,000/-. An application under Section 12 of the Protection of Women from Domestic Violence Act was considered by the learned Sub Divisional Judicial Magistrate, Sahibganj, who vide order dated 04.08. 2012 has directed the petitioners to pay monetary relief of Rs. 25,000/- to the opposite party No. 2 as well as for payment of monthly maintenance of Rs.3500/-. Aggrieved by the order dated 04.08. 2012, petitioners preferred an appeal before the learned Additional Sessions Judge-II, Sahibganj in Criminal Appeal No. 68 of 2012, which was however dismissed on 22.02. 2014.