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2011 Supreme(Jhk) 943

PRASHANT KUMAR
Swarup Mandal – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr.D.C.Mishra
For the State : A.P.P. and Mr.N.P.Choudhary

Order

This revision application is directed against the order dated 05.01.2010 passed by Sessions Judge,Jamtara in Criminal Appeal No. 17 of 2009, whereby with modification in quantum of maintenance allowance he dismiss the appeal filed against the order dated 09.09.2009 passed by Chief Judicial Magistrate, Jamtara in Cr. Misc. (DV)case no. 03 of 2009.

2. It appears that O.P.No.2 has filed an application under section 12 of Protection of Women from Domestic Violence Act, 2005 ( hereinafter refer as "Act") for grant of maintenance as the petitioner, ( husband of O.P.No.2) had committed domestic violence upon her. It further appears that Chief Judicial Magistrate had issued notice to the petitioner and, thereafter, petitioner filed written statement. Then, both the parties adduced evidence in support of their case. It further appears that Chief Judicial Magistrate, Jamtara while passing order dated 09.09.2009 had come to the conclusion that petitioner committed domestic violence and, accordingly, directed the petitioner to pay maintenance allowance to O.P.No.2 to the tune of Rs. 4000/- per month. He further directed that petitioner should pay Rs. 2000/- towards maintenance of his son.















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