POOJA KUMAR Vs. MOHIT KUMAR

JUDGEMENT

(1.) The present contempt petition has been filed by the Petitioner, wife, stating that the Respondent, husband, is in wilful disobedience of the order dtd. 4/12/2021, passed by the Metropolitan Magistrate, Saket District Courts, South, New Delhi ('Trial Court'), in CT Case bearing no. 1082/2021, whereby the Respondent has been directed to pay a monthly maintenance amount of Rs.60,000.00 from the date of filing of the case i.e., from 28/8/2021 till the disposal of the case.

(2.) The said order dtd. 4/12/2021 was passed by the Trial Court in an application filed by the Petitioner under Sec. 23 of the Protection of Women from Domestic Violence Act, 2005 ('DV Act'). The Trial Court after appreciating the facts of the case and assessing the standard of living of the parties, awarded the said amount of Rs.60,000.00 per month as a lumpsum towards the rent and/or any other expenses of the Petitioner; and the entire educational and/or any other expenses of the children. The Petitioner and her children were living in a tenanted premises, taken on rent by the Respondent.

(3.) The Respondent preferred an appeal against the said order dtd. 4/12/2021, however the same was dismissed by the ASJ, South District, Saket Courts, New Delhi ('Appellate Court'), in Criminal Appeal No. 31/2022, vide order dtd. 11/1/2023 and the award of interim maintenance amount of Rs.60,000.00 per month has been upheld as just, fair and reasonable.