ORAL ORDER

1. The present revision appliation is filed under Section 397 read with Section 401 of the Code of Criminal Procedure (hereinater referred to as “the Code”) by applicants – wife and minor daughter being aggrieved and dissatisfied with the judgement and order dated 28/11/2017 passed by the learned 4th (Ad-hoc) Additional Sessions Judge, Dahod in Criminal Appeal No. 08 of 2017 whereby decreased the maintenance amount granted by the learned 3rd Additional Judicial Magistrate First Class, Dahod vide order dated 07/01/2017 in Criminal Misc. Application No. 313 of 2012 filed under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “Domestic Violence Act”).

2. Rule

3. Brief facts of the case is that present applicant had preferred Criminal Misc. Application No. 313 of 2012 under Section 23 of the Domestic Violence Act for maintenance of House Rent of Rs.5,000/- per month, Rs.10,000/- for medical expenses per month and Rs. 3,00,000/- as compensation for mental harrassment. The learned 3rd Additional Judicial Magistrate, First Class, Dahod has vide order dated 07/10/2017 granted interim maintenance of Rs.5,000/- per month to the applicant No. 1 - wife and Rs.5,000/- to the applicant No. 2 - minor daughter aggregating to Rs.10,000/-

permonth.

4. Being aggrieved and dissatisfied with the said order dated

07/01/2017, the present respondent No. 2 – husband has preferred Criminal Appeal No. 08 of 2017 under Section 29 of the Domestic Violence Act before the Appellate Court. Wherein, the learned 4th (Ad-hoc) Additional Sessions Judge, Dahod has vide judgment and order dated 28/11/2017 while allowing the appeal partly deccrease the maintainence amount from Rs.5,000/- to Rs.2,000/- to the present applicant No. 1- wife and from Rs.5,000/- to Rs.2,000/- to the applicant No. 2 – minor daughter aggreegating to Rs.4,000/- per month. Aginst the said judgment and order present Criminal Revision Application is filed.

5. Hearned Mr.Sahil M. Shah, the learned Advocate for the applicants – wife and minor daughter, Mr.P.P.Majmudar, learned advocate for the respondent No. 2 – husband and Mr.K.L.Pandya, leanred APP for the respondent No. 1- State of Gujarat.

6. Learned Advocate Mr. Shah has submitted that the learned appellate court has mainly considered the fact the present applicants are getting maintenance of Rs.7,000/- per month as awarded by the learned 3rd Additional Civil Judge & Judicial Magistrate, First Class, Dahod in Criminal Application No. 282 of 2012 filed under Sectiion 125 of the Code over and above the maintenance of Rs.10000/- awarded under the Domestic Violence Act, agreegetting to Rs.17,000/- per month. He has further submitted that the learned appellate court has also not taken into consideration the fact that the respondent No. 2 – husband is working as Police Constable and getting salary of Rs.20,000/- and also getting over time. More, the respondent No. 2 – is also getting agricultural of Rs.4,00,000/- per annum. Considering all these fact, learned advocate for the applicants has applicants has requested to quash and set aside the order passed by the learned appellate court and to restore the order passed by the trial court.

7. Mr.P.P.Majmudar, learned advocate appearing on behalf of the respondent No.2 submitted that the applicants can raise all these contentions before the learned Trial Court as the impugned order under challange is awarding only interim maintenance. Applicants can also produce necessary documentary evidence in respect of income before the learned trial court and matter can be finally disposed of by the learned trial court.

8. Mr.Shah, learned advocate for the applicants submits that the hearing of the original application before learned trial court will take long time and considering the educational, medical expenses, house-hold expenses, it is very difficult for the applicant No. 1 maintain with the meager amount of maintenance. However, if the Hon'ble Court please to issue a