1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR Hemraj Vs. State of Rajasthan & Anr. (S.B. Criminal Revision Petition No.868/2009) Date of Order :- 07th October, 2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Mohammad Anees, for the petitioner. The petitioner has challenged the order dated dated 25.03.2009 passed by the learned Sessions Judge, Jaipur District, Jaipur whereby the learned Judge has upheld the order dated 23.09.2008 passed by the learned Additional Chief Judicial Magistrate, Jaipur District, Jaipur wherein the learned Magistrate has directed the petitioner to pay Rs.1,500/- per mensem under Section 23(2) of Protection of Women from Domestic Violence Act, 2005 to the respondent No.2, Smt. Prem. Mr. Mohammad Anees, the learned counsel for the petitioner, has contended that the petitioner is working merely as a photographer and does not earn more than Rs.1,800/- per month. Thus, it is difficult for the petitioner to pay Rs.1,500/- per month to Smt. Prem. He has further contended that the petitioner is willing to keep the respondent No.2, Smt. Prem along with him. Heard the learned counsel for the petitioner and perused the impugned order. A bare perusal of the impugned order clearly reveals that according to the report of the Protection Officer, the respondent 2 No.2 was subjected to cruelty while she was staying in her matrimonial home. Moreover, three children are residing with her at her parental place. It is not only the legal duty, but also the moral duty of the petitioner to maintain his wife and children. Merely because he is earning only Rs.1,800/- per month, he cannot be absolved of his responsibility to maintain his wife and children In this view of the matter, the revision petition is devoid of any merit. It is, hereby, dismissed. (R.S.CHAUHAN)J. Manoj Solanki-