TARUN CHADHA Vs. KARISHMA

JUDGEMENT

(1.) Petitioner in Crl. M.C.No.215/2011 is the husband of the petitioner in Crl.M.C. 254/2011 and he has sought setting aside of the order dated 03rd August, 2010 passed in C.C. No.26/1/10 vide Section 12 of the Protection of Women from Domestic Violence Act, 2005 ('The Act of 2005' in short) by Ms. Jyoti Kler, Metropolitan Magistrate (Mahila Court), West District, Delhi, whereby he was directed to pay Rs.5,000/- per month as rent to his wife from the date of passing of the said order and Rs.8,000/- per month as maintenance from the date of filing of application by her under Section 12. He also sought setting aside of the order dated 26th October, 2010 passed by Shri Satinder Kumar Gautam, learned Additional Sessions Judge, whereby the appeal filed by him against the aforesaid order dated 03rd August, 2010 was partly allowed and the direction of the Magistrate for payment of Rs. 5,000/- per month as rent was set aside.

(2.) Petitioner in Crl. M.C. No.254/2011 has sought setting aside of the order dated 26th October, 2010 of the learned Additional Sessions Judge and also enhancement in the amount of rent and maintenance. Additionally, she also prayed for payment of compensation of Rs. 1.50 lacs which she had claimed in her application under Section 12 of the Act of 2005.

(3.) As both these petitions were heard together and common submissions were advanced at the time of hearing, the same are being disposed of by this common order. Reference to the parties shall hereinafter be made as the petitioner husband and petitioner wife.