MAHESH CHANDRA SHARMA,J. - (1.) This revision petition has been filed against the order dated 28/10/2014 passed by the Addl. District and Sessions Judge, No.3, Ajmer in Criminal Appeal no. 27/2014 (222/2014) by which order of interim maintenance passed by the Judl. Magistrate (First Class) No.3, Ajmer has been affirmed.
(2.) Brief facts of the case are that complainant filed an complaint under Sections 18,19,20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the trial court stating that her marriage took place with the petitioner nine years before, and out of their wedlock, two children were born. After some time, demand of dowry was made. She filed an application for maintenance, to which the petitioner replied and denied the averments of the said application. Thereafter the petitioner filed an application under Section 9 of Hindu Marriage Act for restitution of conjugal rights, which was decreed in favour of petitioner vide judgment dated 7.10.2010. Upon the application of respondent-1, the trial court passed the order on 7.6.2014 awarding maintenance of Rs. 4000/- per month which was later on affirmed by the appellate court vide impugned order dated 28.10.2014. Hence this revision petition has been filed.
(3.) Learned counsel for the petitioner has contended that the trial court has passed the order on surmises and conjectures. The impugned orders passed by both the courts below are against the material available on record and also against the well settled principles of law.;