NASIR Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed challenging the order dtd. 15/2/2024 (hereafter 'the impugned order') passed by the learned Additional Sessions Judge ('ASJ'), Dwarka Courts, Delhi, in Crl. Appeal No.666/2023.

(2.) The learned ASJ, by the impugned order dtd. 15/2/2024, has dismissed the appeal filed by the petitioner under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 against the order dtd. 2/6/2022. It was also noted that the appeal was filed beyond the period of limitation. The learned ASJ found no merit in the contention of the petitioner that he faced financial constraints and was not aware about the legal proceedings by observing that the petitioner was regularly appearing in Court. The learned ASJ further found the defence of the petitioner that his father was unwell, to be unmerited without any medical document placed on record. It was thus observed that the petitioner had failed to justify that he had sufficient reason for preferring the appeal belatedly.

(3.) The learned Trial Court, in the order dtd. 2/6/2022, had noted that it appeared prima facie from the averments in the application that the respondent had suffered domestic violence at the hand of the petitioner and after taking into account the minimum wage received by an unskilled labour that is atleast ?18,000/- per month, had directed the petitioner to pay an amount of ?4,500/- each per month as interim maintenance to Respondent No.1 and Respondent No.2 (child of the petitioner and Respondent No.1) from the date of filing of the interim application till its disposal.