ORDER

1. This criminal revision under section 397/401 of Cr.P.C., has been filed against the common judgment dated 14.12.2018 delivered in Criminal Appeal No. 137/2017 filed by respondent and Criminal Appeal No. 147/2017 filed by petitioner, by learned First Additional Sessions Judge, Nasrullaganj, District Sehore, affirming the order dated 25.4.2017 delivered in MJC No. 9/2015 by Judicial Magistrate First Class, Nasrullaganj, District Sehore.

2. The facts of the case in brief are that, the marriage of the petitioner and respondent was solemnized on 27.4.2010. Two children were born out of their wedlock. It is alleged that after one year of marriage, the behaviour of respondent/wife with her husband and old mother of petitioner was not cordial. She always used to go to her parental house and did not cooperate in household work. The petitioner always went to her parental house to bring her back, but she always remained reluctant to come back. In the month of August 2013, she on her own will went to her parental house. The petitioner and his relatives had gone to bring her back, but she did not come. Under such circumstances, the applicant on 28.10.2013 has filed an application before the Pariwar Paramarsh Kendra, Hoshangabad, in which on 27.11.2013 the Adviser of said Kendra had settled their dispute by compromise and respondent came back to reside with the petitioner, but did not stay happily for more than about two months and forced the petitioner to leave her at her parental house. The petitioner left her to her parental house and when again he tried to bring her back, she refused. On 1.11.2014, again an application was filed by the petitioner before the Pariwar Paramarsh Kendra, Hoshangabad for restitution of conjugal rights, but even after notice the respondent did not appear and on the contrary the respondent filed an application for grant of maintenance.

3. In that application under section 125 of Cr.P.C., by an order dated 7.11.2015 the learned JMFC Nasrullahganj has granted interim maintenanzce @ Rs. 1,000/- per month to respondent/wife and Rs. 2,000/- each per month to both the children, totalling Rs. 5,000/- per month. Thereafter, on 26.3.2015 the respondent/wife had filed an application under section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘DV Act’ for short) against the petitioner, which was registered as M.J.C.No. 9/2005. The learned JMFC Nasrullahganj, District Sehore by order dated 25.4.2017 has partly allowed the application and directed the petitioner to make payment of Rs. 2,000/- per month to respondent/wife and Rs.3,000/- per month to children, totalling Rs. 5,000/- per month and also to return the articles given in marriage. Being aggrieved by the impugned order dated 25.4.2017, appeal was filed by petitioner/husband as well as respondent/wife before the Sessions Judge. The learned Additional Sessions Judge, Nasrullahganj, District Sehore after considering both the appeals rejected the appeals by order dated 14.12.2018. Being aggrieved by the order, this revision has been filed by the petitioner.

4. Learned counsel for the petitioner submitted that the order passed by the Courts below are not tenable in the eye of law, therefore the same deserves to be set aside. It is further submitted that the respondent has received the amount of Mehar & maintenance of Iddat period and marriage between them has dissolved. Now they are not living as husband and wife. After divorce the petitioner/husband has solemnized second marriage and from second wife he is having one son. Hence, the petitioner has liability of second wife and son also. It is further submitted that since year 2013 the respondent was residing separately from the petitioner in her parental house, while the application under section 12 of DV Act has been filed in the year 2015, under these circumstances, the allegation of domestic violence does not arise as the respondent/wife was residing separately at that poi