RAMANAND AMIT Vs. RUHI RAMANAND

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Article 227 of the Constitution of India read with Section 482 Code of Code of Criminal Procedure praying inter alia for setting aside/quashing of the order dated 5.4.2010 passed by the learned ASJ, disposing of his appeal filed under Section 29 of the Protection of Woman from Domestic Violence Act, 2005 (in short 'the Act'), against the ex parte judgment and order dated 13.4.2009, passed by the learned Metropolitan Magistrate, Mahila Court, Delhi.

(2.) Under the ex parte judgment dated 13.4.2009, the Mahila Court directed the Petitioner to pay to the Respondent, rent for the house in which she resides, at the rate of 2,500/- from April 2008 onwards, and thereafter pay a 10% increase in each successive year, along with 3,000/- per month as maintenance from the date of the complaint till the complainant is legally entitled to the same. The Petitioner was also directed to pay 50,000/- as lump sum compensation and 5,000/- as litigation expenses to the Respondent within 3 months from the order. He was called upon to clear the arrears of maintenance within 6 months from the date of order and thereafter, make the monthly payment on or before the 10th day of every month, by way of money order or by depositing the amount in the account of the Respondent.

(3.) While setting aside the aforesaid ex parte judgment dated 13.4.2009 and calling upon the parties to appear before the trial court, the learned ASJ directed that as interim relief, the Appellant would continue to pay to the Respondent, a sum of 3,000/- as maintenance and 2,500/- as rent from April 2008 onwards till the petition filed by her under Section 12 of the Act is decided on merits. It was clarified by the appellate court that the Respondent would be entitled to interim maintenance from the date of the complaint itself and the Petitioner would be liable to pay arrears, if any, on the final disposal of the petition under Section 12 of the Act.