SEEMA SETH Vs. NISHITH SETH

JUDGEMENT

(1.) Crl. M.A. No.15535/2015 (Exemption)

(2.) The facts of the case are that the petitioner filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as 'the Act') wherein the interim maintenance was granted under Section 20/23 of the Act vide order dated 06.06.2015 by learned Trial Court and directed the respondent to pay a composite amount of Rs.40,000/- per month as interim maintenance from the date of filing of the petition. It is further directed that the amount shall include all the incidental expenses such as maintenance charges etc. The petitioner filed the above noted petition on 17.01.2013 and total amount due on account of maintenance till the date of the passing of the impugned order was more than Rs.12.00 Lac. The respondent had filed before the Trial Court a compilation of amount paid by him to the petitioner. As per the calculation, the respondent had paid an amount of Rs.12,11,504/-. However, the case of the petitioner is that respondent has paid only an amount of Rs.1.40 Lac and balance amount to the tune of Rs.10.00 Lac is due.

(3.) Learned counsel appearing on behalf of petitioner submitted that an amount of Rs.10.00 Lac was deposited by respondent at the time of grant of bail. However, the said amount cannot be adjusted as maintenance. The learned Additional Sessions Judge, in the aforesaid appeal has directed contrary to the settled proposition of law.