- (1.) By way of this revision, the petitioners have approached this Court being aggrieved of the order dt. 22.4.2015 passed by the learned Additional Sessions Judge (Woman Atrocities Cases), Jodhpur Metro in appeal whereby, the order dt 9.7.2014 passed by the learned Metropolitan Magistrate No. 1, Jodhpur Metro in Case No. 3/2014 was affirmed and the appeal filed by the petitioners praying for enhancement of the monetary relief and seeking a residence order under the provisions of the Domestic Violence Act was rejected. Shri Haider Agha, learned counsel for the petitioners submits that the respondent Sh. Aamin Hussain has turned out the petitioners Saeen Bano and her minor child aged 3½years from the matrimonial home without any justification. He submits that while leaving the wife and minor child to fend for themselves, Sh. Aamin is under a moral and legal obligation to provide for reasonable and fair means of residence, food, clothes, education and other articles to them.
(2.) The petitioner Smt. Saeen Bano, who is present in the Court with her minor child states that she is ready to go back to the matrimonial home for performing her conjugal obligations. The respondent Sh. Aamin Hussain despite opportunity has not given any firm expression of opinion to this offer.
(3.) Shri Haider Agha submits that the trial Court did not pass any order on the prayer made on behalf of the petitioners for directing the respondents to provide to them proper residence facility and thus, the impugned orders deserve to be modified suitably.;