VIKAS SINGH Vs. HEMA SINGH

JUDGEMENT

(1.) By way of this Revision, the petitioners are challenging the impugned order dtd. 31/5/2022 passed by the 1st Additional Sessions Judge, Bilaspur in Criminal Appeal No.186/2021 (Vikas Singh and Others Vs. Smt. Hema Singh) whereby learned Additional Sessions Judge, without taking into consideration the fact that interim maintenance of Rs.3,000.00 has already been awarded in a proceeding in MJC No.415/2018 by the Additional Principal Judge, Family Court, Bilaspur, has awarded interim maintenance of Rs.7,000.00.

(2.) Learned counsel for the petitioners submits that petitioner No.1 - Vikas Singh is providing maintenance of Rs.3,000.00 per month to the respondent wife and minor daughter, which has been fixed by the family Court, Bilaspur in MJC No.415/2018 on 1/10/2019. The respondent had moved an application under the Protection of Women from Domestic Violance Act in which the Judicial Magistrate 1st Class, Bilaspur, vide order dtd. 25/10/2021, has fixed the interim maintenance to the tune of Rs.15,000.00, which has been reduced to Rs.7,000.00 by the 1st Additional Sessions Judge, Bilaspur by the impugned order. However, the fact that as against the petitioners, in different proceeding, already a maintenance amount of Rs.3,000.00 has been fixed, has not been taken note of. He finally submits that in simultaneous proceeding, the wife can claim maintenance under different enactments, but necessary adjustments must be made.

(3.) On the other hand, learned counsel for the respondent-wife submits that in spite of fixation of interim maintenance, petitioner No.1/husband is not paying any maintenance to the wife and is frustrating the object of legislature and in the circumstances, he is bound to pay interim maintenance, so that dependant spouse is prevented from vagrancy, and only to delay the proceeding, he has filed the application.