Anil vs Smt.Veena

Heard.

This revision has been filed under Section 397/401 Cr.P.C. against the judgment dt. 23.6.2015 passed by ASJ Barwaha District Khargone, in Criminal Appeal No.25/2015 whereby learned A.S.J. partly maintained the order dated 2.1.2015 passed by JMFC Barwaha in Misc.Criminal Case no.76/2014 whereby he directed the applicant to pay Rs. 2,000/- as interim maintenance to the respondent during trial of the case.

Brief facts of the case are that the respondent No.1 filed an application under Section 12 of the Domestic Violence Act (referred as Act) against the applicant and respondent No.2 to 5 on which Misc.Criminal Case No.76/2014 was registered. During trial of the case she also filed an application under section 29 of the Act to get interim maintenance and house rent.

The applicant and other respondents opposed the prayer. Learned Trial Court by order dated 2.1.2015 allowed the prayer and directed the applicant to pay the respondent Rs.2,000/- as interim maintenance during trial of the case and also directed the respondent No.1,2 and 4 to pay Rs. 1500/- per month to the applicant as house rent. Against which applicant and respondent No. 2 to 5 filed Criminal Appeal No. 25/2015 before the learned Additional Sessions Judge Barwaha District Khargone, which was disposed of by the learned ASJ Barwaha District Khargone, by the judgment dated 23.6.2015 whereby learned A.S.J. partly modified the order and set-aside the order directing the respondent No.2 to 5 to give Rs. 1,500/- per month as house rent to respondent No.1 but maintained the order of interim maintenance. Being aggrieved, the applicant filed this criminal revision.

Learned Counsel for the applicant submitted that the applicant was posted as ANM in Civil Hospital Barwaha District Khargone, and gets Rs.11,400/- per month as salary and she is also doing private work additionally and earns Rs. 15,000/- per month while applicant is not able to maintain respondent. Learned Trial Court without appreciating the fact directed the applicant to pay Rs.2,000/- to the respondent as interim maintenance.

Learned Counsel for the applicant submitted that the learned Trial Court rightly awarded Rs.2,000/- per month as maintenance to respondent. There is no need to interfere in that order.

This Court has gone through the record and arguments put forth by the parties. Respondent No.1 herself admitted in para 3 of her reply filed before this Court that she works as A.N.M. and presently gets Rs.11,400/- per month as salary. From the salary certificate of respondent filed by the applicant and the copy of pass- book filed by the respondent himself along with his reply also corroborates the fact. Although learned counsel of the respondent submitted that due to not being maintained by the applicant if respondent works for her livelihood as A.N.M., it can not be said that respondent is able to maintain her self. But his argument has no force. It is clear from aforesaid discussion that respondent No .1 works as A.N.M. and earns 11,400/-per month. Interim maintenance should be awarded only where there is urgent requirement of wife to be maintained. Interim maintenance is awarded, to prevent destitution and vagrancy of the complainant (woman) awarded where the wife has become used to a certain standard of living by virtue of her marriage with a man of means so she should not be suddenly deprived of the said luxuries to which she has become used to.

On the contrary applicant averred that he is a non skilled labourer. Learned Trial Court also observed in his order that applicant is a labourer and assumed his income to be Rs 3500/-per month. Even then without appreciating the fact that respondent earned Rs. 11400/- per month directed the applicant to give Rs 2000/- per month as interim maintenance to respondent No.1 which can not be said to be correct. The learned Trial Court as well as Appellate Court without appreciating the fact committed mistake in awarding Rs. 2,000/- as interim maintenance to the respondent.

Accordingly, the revision is allowed and impugned order of Trial Court as well as Appellate Court is, hereby, set aside and the revision is disposed of accordingly .