High Court of Rajasthan at Jodhpur dismissed a criminal miscellaneous petition under Section 482 Cr.P.C. whereby the petitioner sought interference with an appellate court order directing the payment of interim maintenance under the Domestic Violence Act, 2005.
The criminal miscellaneous petition filed under Section 482 Cr.P.C. was dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 909/2018
Gopikishan Son Of Shri Gheesalal, By Caste Soni, Resident Of Naiyon Ka Bas, Edwa, Tehsil Degana, District Nagaur Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. D.K. Gaur For Respondent(s) : Mr. V.S. Rajpurohit, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
09/08/2018
This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner being aggrieved with the order dated 5.12.2017 passed by the Addl. Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan (for short ‘the appellate court’) in Criminal Appeal No.78/2017 whereby, the appellate court while allowing the appeal filed by the respondent No.2 has directed the petitioner to pay interim maintenance to the tune of Rs.8000/- per month to her and Rs.8000/- per month to her minor son.
The respondent No.2 has moved an application under Section 23 of the Domestic Violence Act, 2005 seeking interim
(2 of 2)
[CRLMP-909/2018]
maintenance from the petitioner. The said application was decided by the Metropolitan Magistrate No.5, Jodhpur Metropolitan vide order dated 8.5.2017 directing the petitioner to pay interim maintenance to the tune of Rs.3000/- per month to the respondent No.2.
Being aggrieved with the same, the respondent No.2 has preferred a criminal appeal and the appellate court vide impugned order dated 5.12.2017 while allowing the same has directed the petitioner to pay interim maintenance to the tune of Rs.8000/- per month to her and Rs.8000/- per month to her minor son till he attaining majority, up to the disposal of the application filed by the respondent No.2 under the Domestic Violence Act, 2005.
The appellate court has taken into consideration the fact that as per the income tax returns of the petitioner, pertaining to the year 2016-17 produced by the respondent No.2, the annual income of the petitioner is Rs.3 lac. The appellate court has also taken into consideration the fact that there is no material available on record to suggest that the respondent No.2 has sufficient means to maintain herself.
Having heard learned counsel for the petitioner and after going through the impugned order, I do not find any case for interference in this criminal misc. petition and the same is hereby dismissed.
(VIJAY BISHNOI),J
ms rathore
1 issue framed by the court
Whether interference under Section 482 Cr.P.C. is warranted in a petition challenging an interim maintenance order passed under the Domestic Violence Act, 2005.
2 provisions across 2 enactments
Gopikishan Son Of Shri Gheesalal
State Of Rajasthan
Smt. Nirmala Soni
Laxman Alias Anil Son Of Gopikishan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
