GEETA Vs. AJAY MISHRA

JUDGEMENT

(1.) This revision under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure 1973, (Cr.P.C.) is directed against impugned judgment dtd. 31/7/2019, passed by the learned District and Sessions Judge, Tis Hazari (West) Courts in CA No.268/2018 whereby the appeal preferred by the petitioner under Sec. 29 of the Protection of Women from Domestic Violence Act (DV Act, 2005) against the order dtd. 18/10/2018, passed by the learned Metropolitan Magistrate-02, West, Delhi, rejecting application of the petitioner under Sec. 12 of the DV Act, 2005, has been allowed in part.

(2.) A detailed narration of the facts is not necessary for the reason that the petitioner confines her submissions only to the extent of inadequacy of the maintenance awarded in her favour by the court below. However, some of the facts relevant for adjudication of the issue raised would be referred as and when they are required.

(3.) The date of marriage of the petitioner with respondent No.1 is 6/5/1996. In the year 2008, on account of certain matrimonial differences, the petitioner filed a complaint against the respondents before the Station House Officer, Vikas Puri, Delhi. On 23/3/2009, the petitioner moved an application under Sec. 12 of the DV Act before the court of learned Metropolitan Magistrate. After calling a Domestic Incident Report (DIR) on 9/2/2010, interim maintenance was awarded in favour of the petitioner and her children. A sum of Rs.1,500.00 per month towards maintenance of the petitioner and an amount of Rs.1,400.00 and Rs.2,000.00, maintenance towards children was directed.