The court affirmed the appellate court's maintenance order, emphasizing the necessity of evidence in domestic violence cases and the reasonableness of the awarded amounts.

JUDGMENT :

(Y.G. KHOBRAGADE, J.)

1. As per order dated 16.07.2024, the Mediator has submitted it’s report dated 16.10.2024 stating that the Mediation is failed. The said report is taken on record and marked ‘X’ for identification.

2. Rule. Rule made returnable forthwith. Heard finally with consent of both the sides at the stage of admission.

3. The petitioners have invoked jurisdiction of this Court under Article 227 of the Constitution of India and questioned legality and validity of the Judgment and order dated 21.06.2018 passed by the Additional Sessions Judge, Shrirampur, in Criminal Appeal No.40/2014 thereby judgment and order dated 01.11.2014 passed by the learned JMFC, Shrirampur, in Criminal Misc. Application No.307/2010 has been partly quashed and set aside. Further the Petitioner No.1/Ori. Non-Applicant No.1 directed to pay monthly maintenance @ Rs.2500/- per month to the Applicant/Wife and Rs.1500/- per month to the minor daughter-Rechal. The Respondent no. 1 wife is a original Applicant and the Petitioners are original Non-Applicants in Criminal Misc. Application No.307/2010.

4. Facts giving rise to the present petition are that, Petitioner No.1 is the Husband of the Respondent No.1. The marriage between Respondent No.1 and Petitioner No.1 was solemnized on 20.09.2009 as per Christian customs and rites. Out wedlock they blessed with female child- Rechal. On 21.12.2012, the Respondent No.1 filed a Misc. Criminal Application No.307/2010 before the JMFC, Shrirampur, alleging that, she was subjected to domestic violence at the hands of the Petitioners. After conclusion of the trial, on 01.11.2014, the learned JMFC passed an order and rejected application filed by the Respondent No.1.

5. Being aggrieved by said order, the Respondent No.1 filed a Criminal Appeal No.40/2014 before the Sessions Court, Shrirampur. On 21.06.2018, the learned Appellate Court passed the impugned order and quashed and set aside the judgment and order on 01.11.2014 passed by the JMFC, Shrirampur in Criminal Misc. Application No.307/2010 and directed the present Petitioner No. 1 to pay monthly maintenance of Rs.2500/- per month to the present Respondent No.1/aggrieved party and Rs.1500/- to the minor daughter-Rechal.

6. The learned counsel appearing for the Petitioners canvassed that, the learned Sessions Court failed to appreciate the fact about involvement of substantial and valuable right of the Petitioner No.1 such as the restitution of conjugal rights. The learned Sessions Court further fail to appreciate material facts that, the Respondent No.1 failed to bring sufficient evidence to prove domestic violence against her at the hands of the petitioners. Therefore, impugned order passed by the First Appellate Court in a mechanical manner. The Respondent No.1 failed to bring substantial evidence to constitute domestic violence at the hands of the petitioners. On the other hand, the learned JMFC passed the judgment and order dated 01.11.2014 holding that, the Respondent No.1/aggrieved party has not brought any evidence on record to prove that, the Petitioners 4 to 7 raised domestic violence contemplated u/s 3 of the D.V. Act, against the Respondent No.1. However, the learned Appellate Court failed to consider material evidence placed on record and passed the impugned order which is illegal, bad in law, hence, prayed for quash and set aside.

7. Per contra, the learned counsel appearing for the Respondent No.1/aggrieved party supported findings recorded by the learned Appellate Court. The learned counsel for the Respondent no. 1 canvassed that, matrimonial relations between the Respondent No.1 and the Petitioner No.1 is still intact. Since, the Petitioners have raised domestic violence defined under Section 3 of the D.V. Act, therefore, the Respondent No.1 was compelled to stay away from the Petitioner No.1. The Petitioner No.1 is working in the KEM, Hospital. As per salary slip Exh.31, the petitioner no. 1 drawing salary of Rs.8602/- per month. Therefore,