The court upheld the interim maintenance awarded under the Domestic Violence Act, emphasizing the husband's duty to maintain his wife and daughter despite claims of illegality in the order.

ORDER :

1. Instant revision petition has been filed by the petitioner-husband against the order dated 03.11.2023 passed by the learned Additional Sessions Judge, Sujangarh, District Churu in Cr. Appeal No. 13/2023 whereby, the learned appellate court dismissed the appeal of the petitioner-husband and upheld the order dated 13.06.2023, passed by learned Additional Chief Judicial Magistrate, Sujangarh, District Churu in Cr. Case No. 04/2019 whereby, the learned trial court awarded interim maintenance of Rs. 5,000/- per month to the respondent-wife and Rs. 5,000/- per month to minor daughter under Section 12 of Domestic Violence Act.

2. Learned counsel for the petitioner-husband submits that according to the provisions of Section 12 of the Domestic Violence Act, before passing any order on such application, the court should take into consideration any domestic incident report received from the Protection Officer or the Service Provider. But in the present case, the learned trial court without adhering to the aforesaid provisions, has passed the impugned order of maintenance. Thus, the order impugned is per se illegal. Counsel further submits that the learned trial court also committed error in granting maintenance from the date of filing of the application, which is very much harsh as the respondent-wife is earning a good income. Further, the appellate court has also committed same error in upholding the order of the trial court. Therefore, it is prayed that the maintenance amount may be reduced appropriately and the same may be awarded from the date of passing of the order.

3. Counsel for the respondent-wife submits that from the order-sheets, it would reveal that a report was called for from the Protection Officer. The petitioner-husband is a government servant and according to his salary slip, his monthly income is Rs. 62,000/-. Thus, the learned courts below have rightly awarded interim maintenance in favour of respondent-wife.

4. Heard the learned counsel for the parties and perused the impugned orders.

5. It is not in dispute that the petitioner-husband is a government servant and his monthly salary is Rs. 62,000/-. The petitioner-husband has also filed a divorce petition against the respondent-wife. Being husband, it is the duty of the petitioner to maintain his legally wedded wife and minor daughter. The learned trial court as well as appellate court after taking into consideration all the aspect of the matter as well as oral and documentary evidence, has right awarded maintenance of Rs. 5,000/- per month in favour of the respondent-wife and Rs. 5,000/- per month in favour of the daughter. Looking to the rising prices, the amount of maintenance cannot be said to be excessive. Further, there is no force in the submission made by counsel for the petitioner regarding violation of provisions of Domestic Violence Act. Hence, impugned orders do not suffer from any perversity and illegality and warrant no interference.

6. Hence, the revision petition being bereft of any merit is hereby dismissed. Stay application is also dismissed.