With the consent of the parties, matter is heard finally.
2. The present Criminal Revision has been filed u/s 397/401 of
Criminal Procedure Code, 1973 challenging the order dated 16.06.2023
passed by learned Second Additional Sessions Judge to the Court of
First Additional Sessions Judge, Basoda, District Vidisha in Criminal
Appeal No.87/2022, whereby the order dated 23.11.2022 passed by
JMFC, Ganjbasoda, Vidisha in MJCR No.47/2022, partly allowing the
application filed by the respondent no.1 u/s 12 r/w Section 23 of
Protection of Women from Domestic Violence Act, 2005 (hereinafter
referred as DV Act), has been affirmed.
3. Brief facts of the case are that the respondents herein filed an
application u/s 12 of D.V Act along with interim application u/s 23 of
D.V. Act before the JMFC, Ganjbasoda alleging therein that she was
married with the petitioner on 11.03.2012 at Ganjbasoda according to
Hindu Rights and Customs. Out of the said wedlock, respondent no.2
(daughter) was born. After about 4 years of marital life, the petitioner
started quarreling over trivial issues, prevented the wife from visiting
her parental home, threatened to oust her from the matrimonial home,
and failed to provide maintenance since, 2017. There were persistent
demands and cruelty by the petitioner. As per the respondent she is
victim of domestic violence, hence prayed for interim and final orders
for monetary relief of Rs.40,000/- pm for respondent no.1 and
Rs.20,000/- pm for respondent no.2, as well as residence orders.