IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CRIMINAL MISC. PETITION NO.852/2007 Anil Gautam Vs. Smt. Kiran Devi & Anr. 28.01.2008. HON'BLE MR;. JUISTICE DALIP SINGH Shri Bharat Saini, for the petitioner. Shri Arun Sharma, Public Prosecutor. Shri Subhash, for the complainant Heard learned counsel for the parties. The submission of the learned counsel is that the non petitioner wife left the matrimonial home to live with her parents on 22.11.2006 of her own accord after the alleged incident dated 21.11.2006 involving one Ravindra Singh. It is submitted that in the light of the documents which have been filed along with this petition as Annexures 1 to 5 it cannot be inferred that the petitioner had failed to maintain the wife non petitioner. It is submitted that in the light of the above the learned Magistrate rightly passed the order dated 24.3.2007 and dismissed the application under Section 23 of the Protection of Women from Domestic Violence Act 2005. It is submitted that the learned revisional court has therefore erred in allowing the revision petition filed by the wife and awarded an amount of Rs.2,000/- by way of maintenance to be paid every month. I have considered the rival submission and perused the order passed by the learned revisional court. The learned revisional court has passed an interim order under Section 23 of the Act of 2005. While doing so it has taken care to protect the interest of the petitioner also by taking an undertaking from the non petitioner wife, as mentioned in the said order. The intention of the proceedings under Section 23 is to be provide immediate interim and if any necessary ex-parte protection and objection which has been raised by the petitioner husband all matters to be considered in his defence which would require recording of the evidence before the learned Magistrate and to be proved by the petitioner. The learned Magistrate if he find the non petitioner wife is not entitled to maintenance looking to the evidence produced by the parties it is open for the learned Magistrate to alter the order for the grant of maintenance. Subject to the above, this criminal misc. petition under Section 482 Cr.P.C. is disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS