ANKUR ABBOT Vs. EKTA ABBOT

JUDGEMENT

(1.) The present revision petition under Sec. 397/401 read with Sec. 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeks setting aside of the order dtd. 23/12/2022 passed by the learned Additional Sessions Judge- 02, West, Tis Hazari Courts, Delhi, in Criminal Appeal bearing No. 302/2022, whereby the appeal preferred by the present petitioner was dismissed and the order dtd. 28/10/2022, passed by the learned Metropolitan Magistrate, Mahila Court -05, West, Tis Hazari Courts, Delhi, was upheld.

(2.) On 31/3/2022, the learned Metropolitan Magistrate, Mahila Court-05, West District, Tis Hazari Courts, in an application under Sec. 23 of Protection of Women from Domestic Violence Act, 2005 ("DV Act") bearing number MC No. 79/2017, titled 'Ekta Abbot Vs. Ankur Abbot' directed the present petitioner to pay a sum of Rs.1,15,000.00 per month to the respondent herein and their minor daughter from the date of filing of the petition under Sec. 12 of the DV Act till its final disposal. The said order was challenged by the petitioner vide Criminal Appeal No. 114/2022, before the learned Sessions Court, Tis Hazari Courts, Delhi.

(3.) Learned Senior Counsel appearing on behalf of petitioner drew the attention of this Court to Sec. 105 of the Mental Healthcare Act, 2017 (hereinafter referred as "the said Act"), which provides as under: