Cr Rev 138/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Cr. Revision Petition No.138/2008 Dilip Barman Versus Smt. Savita Barman Date of Order ::: 04/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Pankaj Gupta, for petitioner Mr. Eliyas Ali, for respondent (wife). Instant revision petition has been filed against order dt.05/01/08 in Cr.App.403/07 whereby Addl. Sess. Judge No.4, Jaipur District Jaipur directed the petitioner to make payment of electricity bill in addition to Rs.3,000/- payable vide order dt.03/07/07 as maintenance to respondent-wife & children. It appears that there is long dispute going on between the spouse. Initially, application was filed by respondent wife U/s 12 of the Protection from Domestic Violence Act, 2005 seeking interim maintenance as well U/s 23 of the Act. Learned trial Judge, after taking note of controversy awarded interim maintenance of Rs.3,000/- per month till final disposal of application U/s 12 of the Act – against which both the spouse preferred appeals (No.243/07 & 232/07) wherein as agreed to by the wife that she will be satisfied if interim maintenance of Rs. 3,000/- is allowed to be regularly paid, the Cr Rev 138/08 //2// appeals were accordingly disposed of vide order dt.02/08/07 – in pursuance whereof, as informed, petitioner is paying interim maintenance of Rs. 3,000/- regularly. However, since respondent is residing alongwith two grown up children (who are students of Class X & XI studying in private educational Institute) in the house of petitioner and as she required medical expenses and school fees for her children, besides electricity bills, she moved application for such expenses in addition to Rs.3,000/- as interim maintenance already awarded. Learned trial Judge assessed expenses towards medical treatment to her daughter and granted Rs. 10,000/- as interim relief subject to final outcome of her application and also observed that she will also be entitled to actual expenses incurred towards electricity bills payable by her. Counsel for petitioner (husband) submits that other applications are being filed and under interim orders, learned trial Judge passed orders one after the others which has caused great hardship to him and he is not aware as to what payment finally has to be payable by him while he is a painter having no permanent source Cr Rev 138/08 //3// of income; in such circumstances, it has become impossible to maintain himself economically. Per contra, Counsel for respondent (wife) while supporting orders impugned submits that since both the spouse are residing in same campus of the house of petitioner and there is no sub-meter installed with regard to electricity consumed by her, in ordinary course, it was expected of the petitioner to pay actual electricity bills and since pending applications their electricity & water connections were got disconnected by petitioner, she had no option but to file application for payment thereof. This Court has considered submissions made by Counsel for the parties and with their assistance, perused the material made available during arguments and orders impugned. There is no dispute that respondent is wife of the petitioner besides having two grown-up children out of their wedlock, who are regular students of Class X & XI of Ravindra Public School, Malviya Nagar, Jaipur. Object of the Act, 2005 is to cast obligation upon husband to maintain his wife and children, which alone provides protection to weaker section of the society. This Court does not find any substance in the submission made by Counsel for petitioner Cr Rev 138/08 //4// about filing of interim applications one after the other. Basic facilities which one is required, if not made available/curtailed, certainly, the wife is within her right to file application for grant of interim relief pending application U/s 12 of the Act, 2005, which is still awaiting final adjudication by learned trial Judge. I find substance in the submission made by Counsel that keeping the matter open for payment of actual electricity bill payable bi- monthly, will certainly make him difficult to maintain, himself. Since Counsel for respondents has agreed to an amount of Rs.750/- towards expenses to meet out electricity & water bills monthly payable by her, and to meet basic necessary facilities, this amount appears to be reasonable. This Court considers it appropriate to direct the petitioner to pay Rs.750/- per month to the respondent towards electricity & water bills, subject to final outcome of applications pending under the Act. Consequently, revision petition is disposed of with the direction that the petitioner will get electricity supply restored and will pay Rs.750/- per month towards electricity & water bills besides arrears on Cr Rev 138/08 //5// that account, in addition to interim maintenance of Rs.3,000/- per month to respondent (wife) as observed by learned trial Judge. It is however, imperative that respondent will pay her electricity & water bills from the amount payable under this order. (Ajay Rastogi), J. K.Khatri/p5/138CrRev08dmsticvlnc.doc