Basantilal vs Seemabai
2023 Latest Caselaw 309 MP

                                                                    1
                                   IN     THE      HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                       ON THE 5 th OF JANUARY, 2023
                                                  CRIMINAL REVISION No. 4287 of 2022

                                  BETWEEN:-
                                  BASANTILAL S/O CHOKARAM HARIJAN, AGED ABOUT
                                  45  YEARS, OCCUPATION: SERVICE R/O VILLAGE
                                  JAAMNER TEHSIL RAGHOGARH DIST. GUNA (MADHYA
                                  PRADESH)

                                                                                                  .....PETITIONER
                                  (BY SHRI GAGAN PARASHAR- COUNSEL FOR THE PETITIONER) .

                                  AND
                                  SEEMABAI W/O BASSANTILAL HARIJAN, AGED ABOUT
                                  40 YEARS, R/O VILLAGE DHANIYAHEDI TEHSIL BIAORA
                                  DIST. RAJGARH (MADHYA PRADESH)

                                                                                                 .....RESPONDENT


                                        T h is revision coming on for orders this day, t h e cou rt passed the
                                  following:
                                                                     ORDER

The present Criminal Revision is filed under section 397/401 r/w section 482 Cr.P.C. against the judgment dated 5.09.2022 passed by I ASJ, Bioara district Rajgarh whereby the appeal has been partly allowed.

Non-applicant filed an application under the provisions of Protection of Women from Domestic Violence Act 2005 against the applicant and three family members of the applicant. The trial court did not find any allegation proved against the applicant and other family members of the applicant and dismissed the case against them but allowed the monetary compensation against Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-Jan-23 5:22:54 PM

the applicant to the tune of Rs.1,600/- per month. The said order was challenged by the non-appilcant before the appellate court. the first appellate court partly allowed the appeal and awarded an amount of Rs.500/- per month for house rent in addition to the maintenance of Rs.1,600/- per month awarded by the trial court. The appellate court also awarded one time compensation of Rs.15,000/- to be paid to the non-applicant.

Counsel for the applicant submits that non-applicant is not legally wedded wife of the applicant.

Trial court has recorded the finding after considering the statement of the non-applicant and the record that non-applicant is legally wedded wife of the

applicant.Appellate court has awarded a reasonable amount of compensation and maintenance to the non-applicant. I do not find any illegality or perversity and jurisdictional error in the order impugned.

In view of aforesaid, the present petition is sans merit and is hereby dismissed.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-Jan-23 5:22:54 PM