KSHITIJ KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India r/w S. 482 Cr.P.C. for quashing of order dated 04.04.2012 passed by Learned ASJ whereby the appeal U/s 29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as Act) against the order dated 29.11.2010 passed by Learned M.M, was dismissed.

(2.) IN the complaint U/s 12 of the Protection of Women from Domestic Violence Act filed by Ms. Chanchal Tyagi, wife of petitioner, against him an application was filed by her U/s 23 of the Act seeking interim maintenance from him. The said application was disposed of by Learned M.M. vide her order dated 29.11.2010 granting her maintenance of Rs.10,000/- per month and Rs.20,000/- as monthly rent for alternate residential accommodation. The petitioner was directed to pay the maintenance and also the monthly rental from the date of the filing of the complaint till the disposal of complaint on merits.

(3.) THE petitioner has also disputed award of monthly rental of Rs.20,000/-. Undisputedly, the petitioner lives in a house measuring 350 sq. yards at S-43, Greater Kailash-II, N.D.-19 which is one of the posh colonies of Delhi. The plea that this house was not acquired by him, but was acquired by his parents and so the same could not be considered, is entirely untenable. Undisputedly, he has about 45% share in the said house and the respondent had been living there within him. The father of the petitioner had been a retired IAS Officer and stated to be having his own hill house at Bhim Taal. The petitioner certainly seems to be enjoying good status in life blessed with all necessities including a good amount of share in the above house. There is no dispute that the wife of a person is also entitled to enjoy the same standard of life which she is used to enjoy with him after marriage. It is a known fact that the rents in Delhi have gone very high and even one bedroom accommodation in Greater Kailash Part-II may not be available for less than Rs.20,000/- per month. The respondent was entitled to 'shared household' in the aforesaid house and in case the petitioner was unable to make her live there or they were not able to live together, then in that case she was entitled to an alternative residential accommodation of similar standard or the rental. Therefore, in the given facts and circumstances, the Learned M.M. has passed interim order of grant of rent @ Rs.20,000/- per month. Interim order is subject to modification after the full-fledged trial when both the parties lead their evidence. At this stage, the prima facie view is to be made having regard to the pleadings and the material available on record. Making of interim order also does involve some guess work on the part of the judge which he does based on his prudence and wisdom. I do not see any illegality or infirmity in the impugned order of the Learned ASJ as also that of the Learned M.M. No case is made out warranting for exercise of extraordinary power U/s 482 Cr.P.C. The petition has no merit and is dismissed.