SACHIN TYAGI Vs. ANSHU TYAGI

JUDGEMENT

(1.) This is a petition under Section 397 Cr.P.C. seeking setting aside of order dated 10.07.2013 passed by Learned ASJ, Karkardooma Court, Delhi whereby the order passed by the Learned Metropolitan Magistrate dated 11.04.2013 granting interim maintenance to respondent-wife and her child @ Rs. 7,000/- per month has been upheld.

(2.) The grievance of the petitioner/husband is that the higher amount of interim maintenance has been awarded to respondent/wife in proceedings under Section 12 of Protection of Women from Domestic Violence Act (referred to as DV Act). The learned counsel for the petitioner has submitted that earlier the petitioner was working as a commission agent and was earning Rs. 10,000/- - Rs. 12,000/- per month and on that basis he had offered Rs. 5,000/- as an interim maintenance to the respondent/wife and child in the aforesaid proceedings vide his reply dated 10.11.2010. It is submitted that thereafter the position had changed and the petitioner/husband started working in a private concern i.e. Mayur Prints w.e.f. 01.6.2011 at a meagre salary of about Rs. 6000/-. Under such circumstances, the Learned Metropolitan Magistrate ought not to have awarded maintenance @ Rs. 7,000/- per month to respondent/wife and child.

(3.) I have considered the submissions made.