JUDGMENT 1. - Heard the learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel for the respondents. 2. This revision petition under section 397/401 CrPC has been filed against the order dated 03rd June 2011 passed by the learned Additional Sessions Judge (Fast Track), No.2, Jodhpur Metropolitan in Cr. Appeal No.61/2010, Ashok v. Jogi Devi & others whereby the court below dismissed the appeal and upheld the order dated 25th September 2010 passed by learned Judicial Magistrate, Jodhpur District in Cr. Case No.65/2010, whereby learned Judicial Magistrate allowed application of respondent-wife Smt Jogi Devi @ Jyoti under section 23 of the Domestic Violence Act and ordered the petitioner-husband to pay maintenance allowance of Rs. 1800/- per month to her wife & minor daughter. 3. The concise facts of case are that the petitioner Ashok married with respondent Jogi Devi @ Jyoti in the year 2008 in village Uchiyarda with Hindu customs & rites. After the marriage, respondent-wife Jogi Devi @ Jyoti started living with her husband in the in-laws' house, the marriage relation consummated and on 16.10.2009 Smt Jogi Devi gave birth to a daughter. 4. It is alleged that right after marriage, the respondent in-laws started torturing her for lesser dowry and not making proper reception at the time of marriage, they started beating on false allegations and started raising demand of Rs. 1,00,000/- and Hero Honda motorcycle for the petitioner-husband. They have been making cruel treatment and ultimately, when she became much feeble to perform household work, she was left at her parents house, where she gave birth to daughter. Upon hearing birth of daughter, her husband became furious and asked not to come to matrimonial home. 5. Later, her father arranged one Lac rupees and gave to his father-in-law and sought some time for the motorcycle. His father was told that in case motorcycle is not given, his daughter and grand-daughter will be expelled from the house. On 20.04.2010 her in-laws cheat fully tried to get her signature on divorce papers also but when her father demanded dowry articles and amount of rupees One Lac, they left out by threatening. Ultimately, the respondent-wife and minor daughter Puja moved an application for grant of maintenance from petitioner under section 23(2) of the Protection of Women from Domestic Violence Act, 2005. 6.
Ultimately, the respondent-wife and minor daughter Puja moved an application for grant of maintenance from petitioner under section 23(2) of the Protection of Women from Domestic Violence Act, 2005. 6. Learned Magistrate, after careful scrutiny of the evidence in the matter and after elaborate consideration, accepted the application and ordered for payment of Rs. 1800/- per month by petitioner-husband for maintenance to her wife and daughter. The appeal by the petitioner-husband under section 29 of the Act was also dismissed by learned Additional Sessions Judge (Fast Track) No.2, Jodhpur Metropolitan. 7. Having considered the rival submissions and upon perusal of the orders impugned granting maintenance to the respondent-wife Smt Jogi Devi @ Jyoti and minor daughter Puja by petitioner-husband & father Ashok, I find no illegality or error in the order passed by the learned courts below, warranting any interference whatsoever by this Court in exercise of revisional jurisdiction under section 397/401 CrPC. 8. Consequently, this Revision Petition fails being devoid of any merit and the same is hereby dismissed. The Stay Petition also accordingly stands dismissed.Revision dismissed. *******