P.K. Lohra, J. - (1.) These two revision petitions under Section 397/401 Cr.P.C. are arising out of common judgment dated 3rd of December, 2016, rendered by Additional Sessions Judge (Women Atrocities Cases) Jodhpur Metropolitan (for short, 'learned appellate Court') in cross appeals preferred by rival parties against order dated 6th of August, 2015, passed by Additional Chief Metropolitan Magistrate, Jodhpur Metropolitan (for short, 'learned trial Court'), and therefore, both are heard together and disposed of by a common order.
(2.) The facts apposite are that Miss Khushi and Miss Mahima, minor daughters of Smt Babita, filed a complaint before learned trial Court under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'Act of 2005') through their guardian grandfather Shri Bhanwar Singh claiming maintenance and other allowances besides other reliefs. Along with complaint under Section 12 of the Act of 2005, a separate petition was also laid under Section 23 of the Act of 2005 for claiming interim relief. It is, inter-alia, pleaded in the complaint under Section 12 as well as petition under Section 23 of the Act of 2005 that both the parents have deserted the applicants, and therefore, they are living under the guardianship of their grandfather. Insinuating non-applicant Babita for her violent and atrocious behaviour, in the petition under Section 23 of the Act of 2005, interim maintenance is craved for to the tune of Rs. 10,000 per month besides other amounts. A specific fact is incorporated in the petition that their guardian, grandfather, has become old and he is facing many financial constraints, therefore, is unable to maintain them.
(3.) The application for interim relief is contested by non-applicant Smt. Babita and finally learned trial Court, after considering rival submissions, partly allowed the petition and awarded interim maintenance for a sum of Rs. 3000/- to each of the applicant, collectively @ Rs. 6,000/- per month.;