1. This petition under Section 482 of the Code of Criminal Procedure, 1973, here-in-after referred to the Code , has been filed by the applicant being aggrieved by order dated 24.03.2014, passed by the Court of Sessions Judge, Anuppur in Criminal Revision No.04/2014, arising out of order dated 24.01.2014 passed by the Court of Gram Nyayalaya, Anuppur in M.Cr.C. No.187/2010, whereby the Sessions Court maintained the awarded interim maintenance amount of Rs. 5,000/- per month to the respondent/wife.
2. The respondent filed an application under Section 12, 20, 23 of the Protection of Women from Domestic Violence Rules, 2005, here-inafter in short Do. Vio. Act , against the applicant before learned Gram Nyayalaya, Anuppur for claiming maintenance. It was alleged in main application that marriage between the parties was performed on 23.04.2006 at Virasani Devi Mandir, Birsinghpur Pali and they resided together as husband-wife till April 2009 and after that the applicant left the respondent and started resided in Government Quarter. The applicant's dowry demand and harassment to the respondent was also alleged. Explaining source of income of the applicant also prayed for interim maintenance of Rs.20,000/- per month.
3. The applicant entered his appearance by filing reply and denied all above mentioned averments of the respondent stating that the respondent has filed the application for maintenance on false and concocted grounds. The applicant specifically denied the relationship of husband-wife between the applicant and the respondent on this ground that the respondent did not file any document to prove marriage between the parties. It is further stated that family members of the respondents are pressurizing the appellant to get marriage with the respondent otherwise they will implicate the applicant in criminal cases. The applicant also enclosed an affidavit of the respondent by which she withdrew her allegations against the applicant, and in the affidavit she expressed herself as Kumari Madhumati Datta Daughter of late Shri S.S. Dutta. The affidavit was sent by the respondent herself to S.P. Annuppur.
4. The learned Gram Nyayalaya, Anuppur awarded Rs.5,000/- per month as interim maintenance in favour of the respondent. Aggrieved applicant filed the revision which was also dismissed by learned Sessions Judge, Anuppur, hence, the applicant before this Court.
5. Shri Akhilesh Kumar Jain, learned counsel for the applicant submits that learned Revisional Court has gravely erred in not appreciating the fact that the respondent has filed a false marriage certificate to prove factum of marriage and no other documents, such as photographs, letters were filed. It is further submits that the respondent herself is a teacher and earns sufficient means of income, hence impugned order is erroneous.
6. Shri Jagannath Tripathi, learned counsel for the respondent vehemently opposed above mentioned submissions made by learned counsel for the applicant and submitted that learned Revisional Court rightly and wisely passed impugned order, therefore, this petition deserves to be dismissed.
7. After hearing learned counsels for the parties and carefully gone through the impugned order as well as available record, it is found that learned Revisional Court does not commit any error while passing the impugned order.
8. The applicant specifically denied relationship of husband-wife between him and the respondent.
9. But, prima facie it is apparent from the record that the applicant and the respondent knows well each other due to this admitted position that both were in the same profession, P.R.T. in Kendriya Vidhyalaya Sangathan and posted at same place Kendriya Vidhyalaya S.E.C.L. Dhanpuri as being the colleague.
10. The disputes are that:-
(i) the marriage certificate issued by Shree Birasani Devi Mandir Prabandha Samiti Birsinghpur Pali is forged one,
(ii) under what circumstance complaint was made to Superintendent of Police, Anuppur and under what circumstances withdrawn by filing an affidavit of the respondent,
(iii) the respondent did not file any other document, photographs, etc. to prove marriage between the parties are questions, will be decided after recording of evidence of both the parties.
11. Suffice to say that at this preliminary stage marriage certificate is available. The affidavit of the respondent also go to show that there is definitely existence of some matrimonial dispute between the parties and clarification of this dispute this affidavit was filed by the respondent in favour of the applicant.
12. It is pertinent to mention here that the present dispute is related only with the interim maintenance award.
13. The object of Do. Vio. Act is a measure of social justice and is specially enacted to protect women and falls within constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India. This Act as well as rules framed their under are meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted woman.
14. This fact is also admitted that applicant is a Government employee and getting a handsome salary at present.
15. In above mentioned facts and circumstances, it is clear that learned Revisional Court rightly awarded the interim maintenance amount.
16. Accordingly, the petition is dismissed.
17. A copy of this order be sent to the learned trial Court below.