Point of Law: Obligation of the husband to provide maintenance stands on a higher pedestal than the wife.

ORDER :

2. By way of instant petition filed under S. 397 read with S.401 CrPC, challenge has been laid to judgment dated 3.9.2020 passed by learned Additional Sessions Judge, Court No.II, Una, Himachal Pradesh in Cr. Appeal No. 77 of 2019, affirming/modifying order dated 21.10.2019 passed by learned Judicial Magistrate First Class, Court No (III), Una, District Una, Himachal Pradesh in Complaint No.CNR HPUN02-000643-2012 (Domestic Violence Act No. 167-2013) titled Saroj Rani v. Chanchal Kumar, whereby learned trial Court, while allowing application under S.12 of Protection of Women from Domestic Violence Act (hereinafter, ‘Act’), filed by the respondents, held them entitled to maintenance to the tune of Rs. 4,000/- each, per month.

3. Precisely, the facts of the case, as emerge from the record, are that the respondents, who happen to be wife and son of the petitioner, instituted a complaint under S. 12 of the Act in the competent court of law, alleging therein that the marriage inter se petitioner and respondent No.1 was solemnized on 5.11.2017 at village Jalgran Tabba, Una, Himachal Pradesh, as per Hindu rites and customs and out of their wedlock, respondent No.2 was born on 27.9.2010. Respondents alleged in the complaint that after some time of marriage, petitioner and other family members, started harassing and torturing her. Respondent No.1 also alleged that she was repeatedly meted with cruelty and taunted for not bringing sufficient dowry, as a consequence of which, she was compelled to leave the matrimonial house and since March, 2008, since she is living with her parents without any support. She alleged that the petitioner is a mason by profession and he earns Rs. 15,000/- per month as such, necessary directions be issued to the petitioner to provide adequate maintenance to them.

4. Aforesaid prayer came to be resisted by the petitioner, who in his reply stated that at no point of time, respondent No.1 was compelled to leave the matrimonial house rather she of her own volition and without there being any reason, left the company of the petitioner and started living with her parents. Petitioner disputed the fact that he earns Rs. 15,000/- per month. Though the petitioner has averred that he is a mason by profession but claimed that he hardly earns Rs. 3,000/- per month. Learned trial Court, on the basis of pleadings adduced on record by the parties, allowed the complaint and held the respondents entitled to Rs. 4,000/- each per month as maintenance from the date of passing of order dated 23.10.2019.

5. Being aggrieved and dissatisfied with order dated 23.10.2019 passed by learned trial Court, respondents and petitioner filed separate Cr. Appeals before learned Additional Sessions Judge-II, Una, Himachal Pradesh. Petitioner by way of Cr. Appeal No. 77 of 2019, prayed to set aside order awarding maintenance whereas, respondents, by way of Cr. Appeal No. 19 of 2020, laid challenge to order passed by learned trial Court on the ground that they are entitled to award of maintenance from the date of filing of application and not from the date of passing of order.

6. Learned Additional Sessions Judge-II disposed of both the Cr. Appeals vide judgment dated 3.9.2020 (Annexure R-2), whereby appeal having been filed by respondents came to be allowed inasmuch as petitioner herein has been directed to pay the amount of maintenance awarded by learned trial Court, from the date of filing of the complaint/application whereas, criminal Appeal having been filed by the petitioner came to be dismissed, as a consequence of which, order passed by learned court below granting maintenance of Rs. 4,000/- came to be upheld and modified to the extent that the petitioner has been directed to pay the maintenance as awarded by learned trial Court from the date of filing of the application/complaint.

7. In the aforesaid background petitioner has approached this court in the instant proceedings, praying therein for setting aside the judgment dated 3.9.2020 p