Judgment :

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 30.3.2010, passed by the High Court of Judicature at Bombay, Nagpur Bench, in Criminal Writ Petition No. 37 of 2008 (Reported in 2010 (4) AIR Bom R 497) whereby said Court has allowed the writ petition, and quashed the Misc. Criminal Complaint Case No. 314 of 2007 filed under Sections 12, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005') pending in the Court of Judicial Magistrate, First Class, Court No. 5, Amravati.

2. Heard learned counsel for the parties and perused the papers on record.

3. Brief facts of the case are that the appellant got married to respondent No. 1 on 8.5.1990. From the wedlock, respondent No. 3 Shantanu was born on 24.2.1991. It is pleaded by the appellant that her husband (respondent No. 1) drove her away from her matrimonial house in 1992, whereafter she started living in her maternal uncle’s house at Shamnagar, Amravati. She filed application for maintenance in the year 1994, and in said proceedings Rs.1800/- p.m. were directed to be paid by respondent No. 1 to her, for herself and her minor son. It appears that respondent No. 1 filed a petition HMP No. 48 of 2008 before Civil Judge, Senior Division, Amravati, seeking divorce against the appellant, on the ground of mental cruelty. Said suit was decreed by the trial court. However, the decree appears to have been stayed by the appellate court, on the appeal filed by the wife (appellant). After Protection of Women from Domestic Violence Act, 2005 came into force, the appellant (wife) filed complaint under said Act before the Judicial Magistrate, First Class, Amravati, in the year 2007. Said complaint was registered as Misc. Criminal Application No. 314 of 2007 under Section 12 read with Sections 19 and 20 of the Act of 2005. At the time of filing of said application, the son of the parties was minor. Following was the prayer made in said application:

'It is, therefore, humbly prayed that this Hon’ble Court may be pleased to grant interim order, directing the non-applicant to pay to the applicants/aggrieved persons a sum of Rs.7000/- per month to each of them, by way of their maintenance from the date of this application, till the decision of the main application, further directing the non-applicant to allow the applicants to reside in the house, situated at Chimote Layout, Near Dastur Nagar, Amravati, or in alternative, to secure the alternate accommodation for the applicants at Amravati, and pay the rent for the same at his own cost, and grant any other just and proper relief to the applicants which this Hon’ble Court may deem necessary under the circumstances, in the interest of justice.'

4. The above-mentioned application filed by the wife of respondent No. 1 was contested by him before the Magistrate, and reply was submitted challenging the maintainability of the proceedings. A separate application for dismissal of the proceedings was filed by him on 20.10.2007. The Judicial Magistrate, vide order dated 31.10.2007, after hearing the parties, found no substance in said application moved by the husband, and rejected the same. Thereafter, the application of the wife was heard on merits, and following order was passed by the Judicial Magistrate, First Class, Court No. 5, Amiravati, on 31.12.2007 with the following interim directions, in the concluding paragraph of the order:

'1. The application is partly allowed.

2. The non-applicant do pay Rs.2,000/- per month to applicant No. 1 and Rs. 1000/- p.m. to applicant No. 2 towards their interim maintenance till disposal of main application. The earlier maintenance of Rs. 18,000/- p.m. which the applicants are getting be adjusted to the said maintenance.

3. The non-applicant would also provide shared house to the applicants till disposal of the main application. In case of his failure to provide the same, the non-applicant is directed to pay Rs.1200/- p.m. towards residence allow