ORDER :

1. By way of present petition, the petitioner herein is aggrieved by the order dated 27.10.2017 passed by the 4th Additional Chief Judicial Magistrate, Jamnagar below Exh.64 in Criminal Misc. Application No.719 of 2016 and the order dated 19.07.2018 passed by the learned Additional District and Sessions Judge, Jamnagar below Exh.15 in Criminal Appeal No.131 of 2017.

2. The brief facts required for adjudication of the present dispute as stated by the petitioner herein reads thus :-

2.1 It is the case of the petitioner that the marriage of the petitioner and respondent No.2 was solemnized on 4.12.1994 at Jamjodhpur, District:Jamnagar. After the marriage, the respondent No.2 started living with the petitioner at Gondal. It is stated that since beginning, the respondent No.2 never wanted to reside at Gondal and on trivial issues, the respondent No.2 entered into quarrel with the petitioner and the respondent No.2 wanted to shift to Junagadh.

2.2 It is the case of the petitioner that in the year 1995, the petitioner with a view to save the marriage with the respondent No.2 shifted from Gondal to Junagadh. The petitioner had started his life at Junagadh. The petitioner also suffered major setbacks financially. It is stated that the respondent No.2 is a qualified woman and she used to keep the cheque books, passbooks and other documents related to finance with her. The petitioner and the respondent No.2 have two children out of the wedlock viz. Shivam - respondent No.3 herein and Vivek - the elder son who is aged about 22 years. It is stated that the respondent No.2 on one of the occasion, without informing the petitioner or taking the petitioner into confidence, opted for abortion. The petitioner therefore cautioned the respondent No.2 not to repeat such things again and not to take major decisions without taking the petitioner into confidence.

2.3 It is stated that since the petitioner was earning minimal income from his small business, the petitioner was not in a position to give the lavish lifestyle as desired by the respondent No.2. It is stated that in the year 2013, for trivial issue i.e. not purchasing a mobile phone for his son, the major son of the petitioner and the respondent No.2 had beaten the petitioner and the said aspect was also known to other co-residents of the locality. The petitioner is living separately from respondent No.2. The petitioner is residing in a rental premise and is getting food from a local mess/eatery. The petitioner had suffered severe loss and his business was stopped and the capital which was gained by the petitioner was kept in fixed deposit and which was the only source of income to the petitioner. The aforesaid facts are known to all the family members and relatives of the petitioner.

2.4 It is further stated that the respondent No.2, on the other hand is having handsome income from taking tuition classes of students from Kindergarten to 7th Standard. The respondent No.2 has having FDRs to the tune of Rs.8,38,500/- in Kotak Mahindra Bank. The respondent No.2 is having recurring transactions of receiving and earning money in the bank account maintained by her in Central Bank of India. The respondent No.2 is earning sufficiently to take care of herself and also take care of the petitioner if such circumstances so arise. The respondent No.2 preferred an application before the learned Chief judicial Magistrate, Jamnagar invoking provisions of Sections 12, 17, 18, 19, 20, 22 and 23 of the Domestic Violence Act, 2005 inter alia making various claims against the petitioner including monetary relief, accommodation, compensation etc. which came to be numbered as Criminal Misc. Application No.719 of 2016. The respondent No.2 in the aforesaid application also preferred an application seeking interim maintenance from the petitioner below Exh.4.

3. By order dated 30.11.2016, the concerned Court passed order below Exh.4 directing the petitioner to pay sum of Rs.1500/- per month to the respondent No