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2012 DIGILAW 1267 (RAJ)

Alka v. Deepak Daga

2012-05-15

SANDEEP MEHTA

body2012
JUDGMENT 1. - The instant revision petition has been filed on behalf of the petitioner challenging the order dated 6.10.2010 passed by the learned Sessions Judge, Jaisalmer in Criminal Appeal No. 67/2009, whereby the appeal filed by the respondents against the order dated 14.10.2009 passed by the learned Addl. Chief Judicial Magistrate, Pokaran, has been accepted and the learned appellate Court has modified the order of the learned Addl. Chief Judicial Magistrate, Pokaran by reducing the amount of interim maintenance directed to be paid to the petitioner under Section 23 of the Domestic Violence Act from rupees five thousand to rupees three thousand. 2. Learned counsel for the petitioner submits that the learned trial Court, after proper consideration of the material available on the record, reached to a finding that the petitioner was entitled to receive a sum of rupees five thousand per month as interim maintenance and the learned appellate Court, without any justification, just on the basis of a conjectural conclusion, has reduced the same to a sum of rupees three thousand per month. He submits that the fact regarding the petitioner's being entitled to receive the interim maintenance is not in dispute but without any reason or justification whatsoever, the amount of interim maintenance has been reduced by the learned appellate Court. 3. Pointing out to the finding of the learned appellate Court in para 10 of its order, learned counsel contends that the conclusion arrived at by the learned appellate Court that a sum of rupees three thousand per month would be sufficient for the interim maintenance as well as educational expenses for a grown up lady, is absolutely unjustified. Learned counsel for the petitioner thus prays that the instant revision petition be accepted and the order dated 6.10.2010 passed by the learned Sessions Judge, Jaisalmer be quashed and the order dated 14.10.2009 passed by the learned Addl. Chief Judicial Magistrate, Pokaran be restored. 4. Per contra, learned counsel for the respondents submits that the petitioner was suffering from mental illness even before the marriage and concealing the factum of her suffering from mental disease, the respondent No. 1 was duped into the marriage. Learned counsel submits that the respondents have placed on record the documents pertaining to the mental ailment suffered by the petitioner, therefore, the view of the learned appellate Court in reducing the amount of interim maintenance, cannot be said to be unjustified. Learned counsel submits that the respondents have placed on record the documents pertaining to the mental ailment suffered by the petitioner, therefore, the view of the learned appellate Court in reducing the amount of interim maintenance, cannot be said to be unjustified. 5. Having heard learned counsel for the parties and upon considering the arguments advanced at the bar and after going through the material available on the record of the case, it is apparent that when the petitioner was cross-examined in the proceedings under Section 12 of the Domestic Violence Act, no such suggestion had been put to the petitioner, that she was suffering from any mental ailment before her marriage. The documents which the respondents are relying upon for the alleged mental ailment of the petitioner, were not put to her in the cross-examination. 6. Learned counsel for the petitioner has informed this Court that the petitioner has specifically stated that she is doing her post graduation and in this view of the matter, the contention of the respondents that the petitioner was suffering, from mental ailment does not stand fortified from the material available on the record of the case. The view taken by the learned appellate Court in reducing the interim maintenance awarded to the petitioner is not based on any justification whatsoever. Thus, the revision petition deserves to be accepted. 7. Resultantly, the instant revision petition is allowed. The order dated 6.10.2010 passed by the learned Sessions Judge, Jailsalmer reducing the amount of interim maintenance from rupees five thousand to rupees three thousand per month directed to be paid to the petitioner, is hereby quashed. The order dated 14.10.2009 passed by the learned Addl. Chief Judicial Magistrate, Pokaran is hereby restored. The learned trial Court is expected to decide the main application under Section 12 of the Domestic Violence Act expeditiously after appreciating the material appearing in evidence before it. 8. Learned counsel for the respondents submits that the arrears of interim maintenance shall be deposited by the respondents within a period of three months from today. The prayer is reasonable. The respondents are given three months' time to deposit the'" arrears of maintenance. If the arrears of maintenance are not deposited within a period of three months from today, the learned trial Court shall forthwith issue warrant for recovery of the arrears as well as the current maintenance amount. The prayer is reasonable. The respondents are given three months' time to deposit the'" arrears of maintenance. If the arrears of maintenance are not deposited within a period of three months from today, the learned trial Court shall forthwith issue warrant for recovery of the arrears as well as the current maintenance amount. Stay petition is also disposed of accordingly. Record of the trial Court be sent back forthwith.Revision allowed. *******