HEMANT SINGH RAJPUT Vs. SMT. REKHA RAJPUT

JUDGEMENT

(1.) Vide order dated 18.7.2014 passed in M.Cr.C. No.11 of 2013, the Judicial Magistrate First Class, Durg rejected the complaint filed by the Respondent/wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (henceforth 'the Act of 2005). While deciding an appeal, being Criminal Appeal No.215 of 2014 preferred by the Respondent/wife against the said order of rejection of the complaint, 7th Additional Sessions Judge, Durg, vide judgment dated 10.2.2015, reversed the finding of the Judicial Magistrate First Class, allowed the complaint and granted Rs.1,500/- per month for residence of the Respondent/wife and also granted her Rs.1,500/- per month as maintenance.

(2.) Facts of the case, in a nutshell, are that marriage between the Applicant and the Respondent was solemnised on 24.6.2004. Out of their wedlock, one child, namely, Ankita took birth. Presently, the child is residing with the Applicant/father. The Respondent/wife filed an application under Section 12 of the Act of 2005 against the present Applicant and others before the Judicial Magistrate First Class with a prayer to order for providing her a suitable separate accommodation, grant her maintenance of Rs.10,000/- per month and compensation as well. She also prayed in the complaint for return of her stridhan. She made allegations against the Applicant that he along with his other relatives used to torture her. The Applicant used to consume alcohol and beat her. She anyhow managed to live with him, but all of a sudden, on 9.6.2012, he lodged a false complaint against her. It was further alleged by her that his parents advised both of them to live elsewhere. Then he took her to a rented house at Supela, Bhilai where they lived together. But, 1 month thereafter, he left her and that rented house and started living with his parents. Thereafter, she shifted to her parental house. She also lodged a complaint against him and his family members against their cruelty. In his reply, the Applicant denied all the allegations made against him. It was also stated by him that due to ill-behaviour of the Respondent/wife, his family life has disturbed. She used to quarrel on petty issues. She also used to beat him. She has no respect towards his parents and due to her, his mother suffered heart attack. The Judicial Magistrate First Class, after recording evidence of both the parties and hearing their Counsel, vide order dated 18.7.2014, rejected the complaint/application of the Respondent/wife on the ground that she was unable to establish that any domestic violence was done with her. Against the order of rejection, an appeal, being Criminal Appeal No.215 of 2014 was preferred by the Respondent/wife. The Additional Sessions Judge, vide the impugned judgment dated 10.2.2015, allowed the appeal, reversed the finding of the Judicial Magistrate First Class and granted a sum of Rs.1,500/- per month for accommodation of the Respondent/wife and also granted her monthly maintenance of Rs.1,500/-. The Appellate Court also ordered that the amount of Rs.500/-, which was granted by the Family Court as an interim maintenance in a separate proceeding under Section 125 Cr.P.C. shall be adjusted in the amount of monthly maintenance of Rs.1,500/-. Hence, this revision by the husband.

(3.) Learned Counsel appearing for the Applicant/husband submitted that the Appellate Court has committed an error of law in reversing the finding of the Trial Court. The order of the Trial Court is based on correct appreciation of the facts and evidence on record. The impugned judgment dated 10.2.2015 passed by the Appellate Court is erroneous and arbitrary. It was further submitted by him that after the judgment of the Appellate Court, vide order dated 22.8.2015, the Family Court, Durg, in a separate proceeding moved by the Respondent/wife under Section 125 Cr.P.C., has granted her monthly maintenance of Rs.2,000/-. Therefore, in the proceeding relating to the Act of 2005, the Respondent/wife is not entitled to get any maintenance separately.