- (1.) HEARD learned counsel for the parties.
(2.) THIS revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 18.05.2012 passed by learned Additional District and Sessions Judge(Fast Track) No. 7, Jaipur Metropolitan, Jaipur(hereinafter referred to as 'the Appellate Court ") in Criminal Appeal No. 19/2012(221/2012), whereby the appeal of the appellant-petitioner filed under Section 29 of the Protection of Women From Domestic Violence Act, 2005(hereinafter referred to as 'the Act of 2005') was dismissed, upholding the order dated 16.03.2012 passed by the learned Metropolitan Magistrate, No. 11, Jaipur Metropolitan, Jaipur(hereinafter referred to as 'the Trial Court') in Complaint No. 07/2011, whereby learned Trial Court directed the petitioner-husband to pay monthly interim maintenance towards expenses of education etc. Rs. 22,000/- to the respondent-wife and children. Briefly stated the facts of the case are that the respondent-wife and children Miss Garima and Aryan through guardian mother filed an application under Section 12 of the Act of 2005 alleging therein that she is legally wedded wife of the petitioner and the petitioner husband is treating her with cruelty, therefore, she cannot live with the petitioner and a prayer for maintenance of Rs. 25,000/- per month was made in the application against the petitioner. The petitioner filed reply to the said application in the terms that he is ready and willing to keep the respondent wife with him and his carry home salary is Rs. 38,000/- per month.
(3.) AFTER considering rival submissions of the parties and the evidence adduced, learned Trial Court vide order dated 16.03.2012 directed the petitioner-husband to pay monthly interim maintenance allowance towards education expenses etc. Rs. 22,000/- to the respondent-wife and children from the date of filing of the application i.e. 08.12.2011. On appeal by the petitioner, learned Appeal Court vide order dated 18.05.2012 dismissed the appeal of the petitioner and maintained the order passed by the Trial Court.;