ORDER (Oral)

1. On the petition (CC no.V-313/13) of the first respondent presented before the Metropolitan Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, "Domestic Violence Act"), proceedings were taken out leading to the judgment dated 30.10.2014 being passed in terms of which the petitioner was burdened with the responsibility to pay compensation in the sum of Rs.5,000/- and maintenance allowance in the sum of Rs.4,000/- p.m. from the date of the filing of the said petition till the second respondent continued to be legally entitled to for such maintenance, this in addition to Rs.1,000/- p.m. towards right to residence, it being equivalent to the amount payable by her as rent.

2. The petitioner challenged the said order by criminal appeal presented on 22.12.2015 in the court of Sessions, it being registered as Crl. A 1112/2016. The first appellate court, referring to the law laid down in Rajeev Preenja vs. Sarika, 159 (2009) DLT 616 called upon the petitioner to deposit the arrears of maintenance and since he did not make any such deposit, inter alia, taking the plea that the second respondent is not legally wedded wife, th