ORDER :

Instant Criminal Revision Petition filed under Section 397 read with Section 401 of Cr.P.C, lays challenge to judgment dated 23.10.2018, passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, District Shimla, H.P., in Criminal Appeal No.0000038 of 2014, titled as Sh. Pratap Singh and others versus Smt. Sheela Devi, modifying the judgment dated 10.9.2014, passed by learned Additional Chief Judicial Magistrate, Rampur Bushahr, District Shimla, H.P. in case No.26-3 of 2013, titled as Sheela Devi versus Pratap Singh and others, whereby learned court below while allowing the petition under Section 12 of Protection of Woman from Domestic Violence Act ( for short ‘Act,) having been filed by respondent herein, directed petitioner No.1 herein to pay Rs.3000/- per month to the respondent, as maintenance allowance from the date of filing of the application. Besides above, learned Court below while directing petitioner No.1 to provide one room and kitchen alongwith toilet in the matrimonial house, also restrained the petitioner, his mother and sisters from committing any act of physical violence against the respondent herein.

2. Precisely, the facts as emerge from the record are that marriage interse petitioner No.1 and respondent was solemnized in the year, 2005 and out of their wedlock, a male child namely, Rajat was born. Allegedly, after 2-3 months of marriage petitioner No.1 started subjecting respondent to maltreatment and he also gave beatings to respondent. Though, respondent tolerated aforesaid uncalled for behaviour of petitioner No.1 for 3-4 years, but once he failed to mend his ways, she was constrained to leave her matrimonial home. To maintain herself and her son, respondent started tailoring work at village Nogli and also started living there in a rented accommodation. Since, during her stay in rented accommodation petitioner failed to provide financial support to respondent as well as minor child, she filed maintenance petition against him in the court. However, in those proceedings, petitioner No.1 undertook not to subject her to any type of maltreatment and as such, matter was compromised and respondent agreed to join the company of her husband in the matrimonial home. Since, after some time petitioner No.1 as well as other petitioners started harassing the respondent on one pretext or other, she was compelled to leave her matrimonial house. As per the respondent, petitioner No.1 and other family members wanted to throw her out from the matrimonial house, so that they could solemnize another marriage of her husband. On 27.6.2013, petitioners No.2 to 5 gave severe beatings to the respondent, as a consequence of which, she suffered multiple injuries. Matter was reported to the police at police Station, Rampur Bushahr, who subsequently got the respondent medically examined from the Medical Officer and thereafter matter came to be referred to Protection Officer for initiating proceedings against the petitioners under the provisions of Protection of Women from Domestic Violence Act. The Protection Officer conducted the necessary inquiry and thereafter forwarded the matter to the lower court of initiating proceedings against the petitioners.

3. While refuting aforesaid claim put forth by the respondent, petitioners filed detailed reply and specifically denied allegations of beatings as well as mental harassment. Petitioners claimed that at no point of time respondent was compelled to leave her matrimonial house, rather she of her own volition and without there being any plausible reason left her matrimonial house and as such, is not entitled to any kind of maintenance. While specifically denying factum with regard to monthly income to the tune of Rs.20,000/-, as claimed by the respondent, petitioner claimed that he earns sum of Rs.4000/- per month on account of his being driver. Petitioners also refuted the claim of the respondent that petitioner No.1 earns sum of Rs.20,000/- per month by working a