Priti Batham vs Virendra Batham And Others

This order shall govern the disposal of Criminal Revisions No. 89/2017 (Smt. Preeti Batham vs. Virendra Batham and others) and 234/2017 (Virendra Batham and others vs. Smt. Preeti Batham), as both the revisions arises out of the order dated 12.1.2017 passed in Criminal Appeal No. 6400447/2016 by Eleventh Additional Sessions Judge, Gwalior, whereby the order dated 12.07.2016 passed by JMFC Gwalior in Misc. Cri. Case No. 192/2015 has been modified and payment of maintenance amount has been reduced to Rs.3000/- per month along with Rs.2000/- per month against house rent, in favour of the wife-Smt. Preeti Batham.

Criminal Revision No. 89/2017 has been filed by petitioner-wife for award of maintenance to the extent of Rs.5000/- along with Rs.2000/- towards house rent, as awarded by the trial Court and Criminal Revision No. 234/2017 has been filed by the husband for setting aside the orders dated 12.7.2016 and 12. 1.2017 passed by the Courts below.

3- The facts giving rise to filing of these revisions are that the marriage was solemnized between Preeti Batham and Virendra Batham on 21.5.2013 as per Hindu rituals and customs. After the marriage, the petitioner-wife was staying in the joint family of her inlaws. In the matrimonial house the respondents No.2 to 5 used to compel the respondent No.1 to oust the petitioner and remarry with a view to fetch more money and accordingly the respondent No.1 behaved with the petitioner with cruelty and dragged her out of his house with a warning to bring Rs.2,50,000/-. The respondents kept with them all her ornaments etc. The matter was reported to the concerned police station, on which the police registered a case against the respondents at Crime No. 480/2014. The petitioner moved an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before Judicial Magistrate First Class, Gwalior. The JMFC Gwalior directed the respondent-Virendra Batham to pay Rs.5000/- per month as maintenance and Rs.2000/- as house rent to the petitioner-wife. Against which, the respondent-husband and others preferred Criminal Appeal before the Additional Sessions Judge, Gwalior, who after hearing the parties modified the order of JMFC, Gwalior and directed the respondent-husband to pay Rs.3000/- per month as maintenance and Rs.2000/- per month towards house rent to the petitioner-wife. Against the order passed by the Appellate Court, both the parties have preferred both these criminal revisions.

4- Learned counsel for the petitioner-Preeti Batham has submitted that the Appellate Court has committed error in reducing the maintenance amount from Rs.5000/- to Rs.3000/-which is not sustainable in the eye of law. The respondent-husband is holding the post of Assistant Sub-Inspector in Krishi Upaj Mandi. Therefore, prayed for setting aside the order passed by Appellate Court and for restoration of the order passed by the trial Court.

5- On the other hand, learned counsel for the respondent-husband has submitted that the Courts below have failed to consider that the respondent-husband is getting salary of Rs.24000/- and out of this salary he is maintaining his old parents having no source of income, coupled with the fact that the wife is also getting Rs.5,000/- per month in compliance of the order dated 25.6.2015 passed by the Family Court in Case No. 115A/2015 HMA. Therefore, prayed for setting aside the orders passed by the Courts below.

6- Heard the learned counsel for the rival parties and perused the documents available on record and the impugned order.

7- In para 16 of the impugned order, it has been mentioned that the respondent-husband is serving in government department and getting salary of Rs.25,000/- per month, which was not rebutted by either of the parties. So far as direction of payment of Rs.5000/-by Family Court is concerned, the said order is interim in nature and under the provisions of Protection of Women from Domestic Violence Act, the Magistrate has power to grant the maintenance to the wife. Therefore, the JMFC has rightly granted Rs.5000/- to the wife as monthly maintenance keeping in view the sky high prices in the present scenario.

8- In view of the aforesaid discussion, Criminal Revision No. 89/2017 filed by the wife is allowed and the respondents are directed to make payment of Rs.5000/- per month and Rs.2000/-as house rent to the petitioner-wife from the date of passing of this order.

In the light of the aforesaid order, Criminal Revision No.234/2017 filed by respondent-husband and others is dismissed being devoid of any merit. There shall be no order as to costs.