- (1.) Petitioner has preferred this Criminal Misc. Petition aggrieved by order dated 02.01.2018 passed by learned Additional Sessions Judge (Women Atrocity Cases) Ajmer whereby, he dismissed the appeal filed against the order dated 31.08.2017 passed by learned Additional Chief Judicial Magistrate No.1, Ajmer whereby, the Court partly awarded Rs.3,000/- per month as maintenance to the petitioner.
(2.) It is contended by counsel for the petitioner that petitioner filed an application under Section 23 of the Domestic Violence Act. Court has awarded Rs.3,000/- per month as maintenance to the petitioner but has refused the prayer for grant of maintenance to children on the ground that children of petitioner were residing at Jodhpur whereas, petitioner was residing at Ajmer. It is contended that in Appeal Court has affirmed the order only on the ground that present petitioner is residing at Ajmer and children are residing at Jodhpur. It is also contended that even if the Court comes to the conclusion that children are not residing with petitioner that does not mean that petitioner is not entitled to claim maintenance for looking after the children.
(3.) It is contended that it is the admitted position that respondent is not maintaining his children. Petitioner is looking after her two children and is dependent on her parents and aunt, who are bearing the expenses of her children. It is also contended that respondent in his reply has annexed a salary certificate, which shows his salary to be Rs.5,800/- per month. It is contended that the person who has issued the certificate, is mother of respondent who is shown as Proprietor/Manager of M/s Bhuwal Agro Industries.;