VIJAY RAJ Vs. SANTHOSH JAIN AND BABY MEHAK

JUDGEMENT

(1.) THE present petition has been filed by the petitioner challenging the orders of the Court below awarding maintenance of Rs. 5,000/ - to the respondents, who are the wife and daughter of the petitioner. The respondents, who are the wife and daughter of the petitioner, filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, praying for certain reliefs under the Act including monthly maintenance amount. In the said proceedings, they filed an application under Section 23 of the said Act praying for grant of monthly interim maintenance of Rs. 15,000/ - and also to pay an amount of Rs. 2,50,000/ - for the purpose of deposit for the home and school admission and for buying household articles. The said application was opposed by the petitioner/husband.

(2.) THE learned Magistrate on considering the entire material on record came to the conclusion that the petitioner being a business man carrying on pawn broker business is capable of maintaining his wife and daughter and accordingly, by the order dated 03.9.2009 awarded an interim maintenance of Rs. 10,000/ - p.m. by allowing the said application filed by the respondents.

(3.) THE petitioner/husband being aggrieved of the said modified order awarding Rs. 5,000/ - per month as interim maintenance to the respondents has filed the present petition.