Sajid Khan vs Smt. Sabnam on 18 April, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision No. 1417 / 2016
Sajid Khan S/o Shri Abdul Raseed Khan, By Caste Mohammedan,
R/o-Railway Fatak, Near Christian Kabristan, Railway Station Om
Vihar Colony, Byawar, Distt. Ajmer (Raj.).

—-Petitioner
Versus
Smt. Sabnam W/o Shri Sajid Khan D/o Shri Ibrahim Ji, By Caste
Kaji Mohammedan, R/o-Kajion Ka Mohall, Near Police Station,
Jaitaran, Distt. Pali (Raj.).

—-Respondent
__
For Petitioner(s) : Mr. Sikander Khan
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
18/04/2017

Heard learned counsel for the petitioner and perused

impugned judgment dated 03.08.2016, passed by Additional

Sessions Judge, Jaitaran, District Pali (for short, ‘learned appellate

Court’), whereby learned appellate Court has affirmed order dated

21.04.2016, passed by Additional Chief Judicial Magistrate,

Jaitaran (for short, ‘learned trial Court’).

By the judgment impugned, learned appellate Court has

affirmed order of learned trial Court passed under Sections 12, 18,

19, 20 22 of the Protection of Women from Domestic Violence

Act, 2005 awarding maintenance of Rs.5,000/- per month to the

respondent (applicant).

The facts, apposite for the purpose of this petition, are that

on 16.06.2012, marriage between petitioner and respondent was

solemnized as per Muslim law. The complaint laid on behalf of
(2 of 3)
[CRLR-1417/2016]

respondent unfurls that despite her showing affability and

faithfully discharging marital obligations, she was ill-treated by the

petitioner for dowry. Allegations in this behalf are also levelled

against members of the in-laws family including the allegation of

giving beatings to her. The prevailing atmosphere at her in-laws’

family compelled the respondent to leave matrimonial home

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twelve months earlier from the date of laying the application

before trial Court in the year 2014. In the complaint, the

respondent has further asserted that she has no source of income,

therefore, she is unable to maintain herself. A fact that petitioner

and his other family members are facing trial for offence under

Section 498A and 406 I.P.C. is also highlighted in the complaint.

Showing monthly income of the petitioner to the tune of

Rs.40,000/-, respondent has claimed maintenance of Rs. 12,000/-

per month.

Learned trial Court, after considering evidence and other

materials available on record, moderately assessed maintenance

to the tune of Rs.5,000/- per month and directed the petitioner to

pay the same from the date of application.

Feeling dismayed with the order of learned trial Court,

petitioner approached learned appellate Court and the learned

appellate Court, after examining the matter threadbare and upon

appreciation of evidence available on record, fully concurred with

the findings of the learned trial Court. Finally, the learned

appellate Court, by judgment impugned, rejected the appeal. It is

in that background, petitioner has approached this Court.

(3 of 3)
[CRLR-1417/2016]

Upon examining the impugned judgment passed by learned

appellate Court as well as order passed by learned trial Court, in

my opinion, in the present era of inflation, maintenance amount

awarded to the respondent cannot be categorized as excessive or

exorbitant. During subsistence of matrimony, petitioner, as

husband, is bound to maintain his wife-respondent and he cannot

shirk from his responsibility. As the matter has been examined by

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both the Courts below thoroughly, unhesitatingly, I feel satisfied

that there is no infirmity in the impugned judgment warranting

interference in exercise of revisional jurisdiction of this Court.

There is apparently no reason to find any fault with the impugned

judgment about its correctness or legality so as to interfere with

the same in exercise of revisional jurisdiction.

Resultantly, the petition fails and the same is hereby

dismissed.

(P.K. LOHRA)J.

Bharti/51

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