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2016 DIGILAW 291 (RAJ)

Saeen Bano v. Amin Hussain

2016-02-19

SANDEEP MEHTA

body2016
ORDER : Sandeep Mehta, J. By way of this revision, the petitioners have approached this Court being aggrieved of the order dated 22.4.2015 passed by the learned Additional Sessions Judge (Woman Atrocities Cases), Jodhpur Metro in appeal whereby, the order dated 9.7.2014 passed by the learned Metropolitan Magistrate No.1, Jodhpur Metro in Case No.3/2014 was affirmed and the appeal filed by the petitioners praying for enhancement of the monetary relief and seeking a residence order under the provisions of the Domestic Violence Act was rejected. 2. Shri Haider Agha, learned counsel for the petitioners submits that the respondent Sh.Aamin Hussain has turned out the petitioners Saeen Bano and her minor child aged 3½ years from the matrimonial home without any justification. He submits that while leaving the wife and minor child to fend for themselves, Sh.Aamin is under a moral and legal obligation to provide for reasonable and fair means of residence, food, clothes, education and other articles to them. 3. The petitioner Smt.Saeen Bano, who is present in the Court with her minor child states that she is ready to go back to the matrimonial home for performing her conjugal obligations. The respondent Sh. Aamin Hussain despite opportunity has not given any firm expression of opinion to this offer. 4. Shri Haider Agha submits that the trial Court did not pass any order on the prayer made on behalf of the petitioners for directing the respondents to provide to them proper residence facility and thus, the impugned orders deserve to be modified suitably. 5. Learned counsel representing the respondents urges that since the petitioner Smt. Saeen Bano got registered a totally false FIR for the offences under Section 498A and 306 IPC against her matrimonial relatives, they have started entertaining an apprehension in their minds that in case, Smt. Saeen is allowed to stay in the same premises with them, she may entangle them in more frivolous cases. In any event, he is not in a position to dispute the fact that the trial Court despite a specific request, did not pass any order on the prayer made by the petitioners for providing them alternate residential facility. This relief was merged in the pittance of monetary relief granted to the petitioners. The trial Court, whilst accepting the application for interim relief, directed the respondents to make total payment of a sum of Rs. This relief was merged in the pittance of monetary relief granted to the petitioners. The trial Court, whilst accepting the application for interim relief, directed the respondents to make total payment of a sum of Rs. 3500/- per month to the petitioners by way of maintenance, medical expenses, residence and education, which is totally inapt. It is unbelievable that in these times of high costs of living, the petitioner Saeen Bano and her minor child would be able to make the ends meet for their bare necessities what to talk of affording expenses towards medical treatment, residence and education of the child by the pittance of Rs. 3500/- per month, which was awarded to them by the trial Court. 6. As a consequence of the above discussion, the revision deserves to be and is hereby partly allowed. The order dated 9.7.2014 passed by the learned Metropolitan Magistrate No.1, Jodhpur Metro is modified. Now, the respondents shall make payment of a sum of Rs. 2500/- per month to the minor child Aliya by way of monthly maintenance and other expenses. The sum of Rs. 2500/- per month awarded to the petitioner No.1 Smt. Saeen by way of interim relief is maintained. The trial Court shall decide the main proceedings under Section 12 of the Domestic Violence Act within a period of six months from the date of this order. It is reported that the respondents have not deposited the substantial dues of maintenance amount accruing under the order dated 9.7.2014 passed by the trial Court. They shall clear off the dues in a phased manner by depositing the same in two monthly instalments failing which the trial Court shall take steps for recovering the same. 7. Record be sent back forthwith.