NEELAM WALIA Vs. SANJAY WALIA

JUDGEMENT

(1.) The present petition is filed questioning the order dtd. 28/2/2019 (hereafter 'impugned order') passed by the learned Special Judge (PC Act), Saket Courts, New Delhi in CA No. 30/2019 titled Sanjay Walia vs. Smt. Neelam Walia.

(2.) By the impugned order, the learned Appellate Court, in the appeal filed by the respondent under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005, ('DV Act') modified the order of the learned Metropolitan Magistrate ('MM') dtd. 18/12/2018. The learned MM, vide order dtd. 18/12/2018 assessed the monthly income of the respondent to be ?1,00,000/- per month, and directed the respondent to bear the college fees of the younger son, and pay a sum of ?25,000/- per month to the petitioner from the date of filing of the case till the disposal of the present case.

(3.) The learned Appellate Court, by the impugned order, directed the parties to negotiate an arrangement whereby the petitioner is to give the property in her possession on rent to the respondent. It was noted that the respondent who was paying rent of ?27,000/- per month to a third person for running his business from rented premises shall be able to save such amount, and pay ?25,000/- to the petitioner as maintenance as directed by the learned MM. It was further noted that the property of the petitioner would be taken care of in terms of occupancy and maintenance, and the petitioner instead of being dependent on the respondent for maintenance would become an independent person having her own independent source of income through rent. Aggrieved by the same, the petitioner has filed the present petition.