ROHIT KUMAR Vs. VARSHA

JUDGEMENT

(1.) The petition has been filed under Article 227 of the Constitution of India read with Sec. 482 Cr.P.C. for setting aside the orders dtd. 24/9/2020 passed by the Learned Principal District and Sessions Judge, North Rohini, New Delhi dismissing the appeal filed by the petitioners against the orders of the Learned Metropolitan Magistrate, Mahila Court-01, (North) Rohini, dtd. 17/1/2020.

(2.) The facts as are relevant for the disposal of this petition are that the respondent herein had filed an application under Sec. 23 of the Protection of Women from Domestic Violence Act, 2005 ( 'DV Act ' for short), seeking interim maintenance @ Rs.20,000.00 per month from the petitioner No.1 for herself and the minor child. Vide the order dtd. 17/1/2020, the learned MM concluded that the income of the petitioner No.1 could be assessed at Rs.30,000.00 per month and dividing the income equally amongst the family members with an extra portion to the petitioner No.1, granted a sum of Rs.15,000.00 per month to the respondent and the child of the petitioner No.1 and the respondent, with effect from 26/8/2018 till they were legally entitled to receive the same or till the final disposal of the case.

(3.) Being aggrieved by the said order, the present petitioners filed an appeal under Sec. 29 of the DV Act, which the learned Appellate Court dismissed vide the impugned order dtd. 24/9/2020, holding that the well-reasoned order of the Learned Mahila Court called for no interference.