KARAMCHAND Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed by the Petitioners under Section 482 Code of Criminal Procedure praying inter alia for quashing of the impugned order dated 24.1.2011 passed by the learned ASJ in a criminal appeal preferred by Petitioner No. 1, husband of Respondent No. 2, and Petitioners No. 2 and 3, sons of Petitioner No. 1, against an interim order dated 24.12.2008 passed by the learned Metropolitan Magistrate, Mahila Court, granting interim maintenance to Respondent No. 2, on a complaint filed by her under Section 12 of the Protection of Domestic Violence Against Women Act, 2005 (in short 'the Act').

(2.) Vide order dated 24.12.2008, the learned Metropolitan Magistrate, Mahila Court had directed Petitioner No. 1 to pay a sum of 5,000/- per month and Petitioners No. 2 and 3 to pay a sum of 2,500/- each per month to Respondent No. 2 as interim maintenance, from the date of the order.

(3.) Aggrieved by the aforesaid interim order granting maintenance to Respondent No. 2, the Petitioners filed an appeal before the Sessions Court, which was partly allowed by the impugned order dated 24.1.2011, wherein Petitioner No. 1 was directed to pay a sum of 2,000/- per month and Petitioners No. 2 and 3 to pay a sum of 1,000/- and 2,000/- respectively per month to Respondent No. 2. In other words, the Petitioners were collectively directed to pay a sum of 5,000/- per month to Respondent No. 2.