PRASHANT OJHA Vs. SHALU OJHA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 482 read with Section 483 Cr.P.C. seeking quashing of the impugned judgment dated 13th February, 2015 passed by the Additional Sessions Judge-04, North-West District, Rohini Courts, Delhi, in C.A. No.75/2014, titled as Sh.Prashant Ojha vs. Ms.Shalu Ojha, to the extent it awards maintenance to the tune of Rs.50,000/- to the respondent.

(2.) By the impugned judgment dated 13th February, 2015, the appeal filed by the petitioner under Section 29 of the Protection of Women Domestic Violence Act, 2005 (hereinafter referred to as the "Act"), was partly allowed and the maintenance fixed by the trial court at Rs.2,50,000/- per month was reduced to Rs.50,000/- per month by the petitioner to the respondent from the date of filing of the petition under Section 12 of the Act as the Appellate Court felt that this amount would be sufficient, reasonable and appropriate in view of material placed on record and peculiar facts of the matter. The petitioner was directed that in discharge of the arrears of maintenance granted, after adjusting the sum of Rs.10 lac already paid to the respondent, to pay a sum of Rs.4 lac to the respondent in execution proceedings coming up on 24th February, 2015 before the trial court and further to pay a sum of Rs.8 lac to her on 24th March, 2015 and equivalent sum on 24th April, 2015 and clear the arrears by making balance payment on 24th May, 2015.

(3.) I have been informed by the learned counsel for the respondent on 24th March, 2015 that with great difficulty, the petitioner has only paid a sum of Rs.4 lac to the respondent. The remaining sum of Rs.8 lac was not paid as directed by the Appellate Court till the date of hearing of present petition.