(Arun Mishra and Uday Umesh Lalit, JJ.)
Kiran Patidar ______________________________________ Appellant;
v.
Sanjay Patidar and Others ______________________ Respondent(s).
Criminal Appeal No. 744 of 2018 [Arising out of SLP (Crl.) No. 1381 of 2017], decided on May 15, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal arises out of judgment and order dated 09.11.2016 passed by the High Court of Madhya Pradesh at Jabalpur, Indore Bench in Criminal Revision No. 798 of 2016.
3. The application preferred by the appellant under the Protection of Women from Domestic Violence Act, 2005 came to be allowed by the Judicial Magistrate First Class, Ratlam directing that sufficient space alongwith toilet be provided for the residence of the appellant in the household without any restriction and no obstruction be caused to the appellant. This order was modified in appeal by the Court of Sessions. Instead of separate space in the household, it directed that the appellant be given expenses towards rent quantified at Rs. 1500/- per month. The order passed by the Court of Sessions has been affirmed by the High Court which is presently under appeal.
4. It is a matter of record that in proceedings initiated under Section 125 of Cr.P.C., the appellant-wife has independently been receiving amount of Rs. 2500/- per month towards maintenance. Further, in proceedings initiated under the Hindu Marriage Act, 1956, a sum of Rs. 2500/- per month also stands awarded to her, which she is presently receiving.
5. It is also a matter of record that the respondent-husband has been receiving handsome income from agricultural properties.
6. Considering the entirety of the matter and the fact that the appellant-wife is presently residing in Ratlam, the ends of justice would be met if the amount of Rs. 1500/- which was awarded to her in the present proceedings is enhanced to Rs. 3500/- per month.
7. We accordingly direct the respondent-husband to pay to the appellant-wife a sum of Rs. 3500/- per month towards rent for separate residence. The amount at the rate of Rs. 3500/- shall be paid to the appellant-wife w.e.f. 01.05.2018.
8. The appeal stands disposed of accordingly.
9. Pending application, if any, shall stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s).1381/2017
Kiran Patidar _______________________________________ Petitioner
v.
Sanjay Patidar & Ors _____________________________ Respondent(s)
Date: 15-05-2018 This matter was called on for hearing today.
(Before Arun Mishra and Uday Umesh Lalit, JJ.)
For Petitioner(s) Mr. Jose Abraham, AOR
Mr. M.P. Srivignesh, Adv.
Mr. B. Mathews, Adv.
Mr. Sarah Shaji, Adv.
For Respondent(s) Mr. Balaji Srinivasan, AOR
Ms. Swarupama Chaturvedi, AOR
Mr. B.N. Dubey, Adv.
Ms. Devika Gulati, Adv.
Mr. Mayank, Adv.
UPON hearing the counsel the Court made the following
ORDER
10. The appeal is disposed of in terms of the signed order.
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