ANUJ SHARMA Vs. CHANCHAL VERMA AND ANR

JUDGEMENT

(1.) Vide the present petition, petitioner seeks direction thereby modifying the order dated 07.07.2014 passed by learned Additional Sessions Judge/07, Central, Tis Hazari, Delhi in Appeal No.60/14 filed under section 29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'said Act') emanating from Complaint No.15/6/14 titled as 'Chanchal Verma vs. Anuj Sharma & Ors.' filed under section 12 of the said Act pending before the Court of Metropolitan Magistrate, Mahila Court, Tis Hazari, Delhi.

(2.) Upon complaint filed by respondent no.1, learned MM vide its order dated 15.04.2014 directed the petitioner to pay a sum of Rs.15,000/- per month as interim maintenance w.e.f. 22.01.2014 and further a sum of Rs.10,000/- per month as monthly rent. Apart therefrom another sum of Rs.50,000/- was awarded as one time litigation expenses. Being aggrieved, the petitioner challenged the same in the appeal mentioned above. Same was partly allowed by order dated 07.07.2014 whereby learned Revisional Court reduced the quantum of interim monthly maintenance from Rs.15,000/- to Rs.12,000/- pm; and further reduced the monthly rental from Rs.10,000/- to Rs.8,000/- per month.

(3.) Mr. Kanwal Chaudhary, learned counsel appearing on behalf of the petitioner submitted that learned ASJ grossly erred in taking the monthly salary of the petitioner to be Rs.35,000/- instead of Rs.29,000/- per month or say Rs.3,47,514/- annual gross total income. The fact of the income of the petitioner is established from form 16 for the Assessment Year 2014-15 and the year 2011 to 2014. However, both the courts below have failed to appreciate the evidence available on record and yet ordered the maintenance of Rs.12,000/- per month, apart from Rs.8,000/- per month towards rental without there being any evidence that respondent no.1 was residing in a rental accommodation.