HITESH MAKHIJA Vs. RITU MAKHIJA

JUDGEMENT

(1.) By way of the present revision petition, the petitioner-husband seeks setting aside of the judgment dtd. 30/3/2024 [hereafter 'impugned judgment'], passed by the learned Special Judge (NDPS), Shahdara, Karkardooma Courts, Delhi [hereafter 'Sessions Court'] vide which the appeal filed by him under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 [hereafter 'PWDV Act'] was dismissed and the order dtd. 23/12/2023 passed by the learned MM (Mahila Court-01), Shahdara, Karkardooma Courts, Delhi [hereafter 'Trial Court'] in Ct Case No. 1904/2022 was upheld.

(2.) Briefly stated, the facts of the present case are that the marriage between the petitioner-husband and the respondent-wife was solemnized in Delhi according to Hindu rites and customs on 26/1/2014. Three children, i.e. two daughters and one son, were born out of the said wedlock on 1/11/2014, 28/1/2018 and 10/8/2020 respectively. It is the case of the respondent-wife that soon after the marriage, the petitioner-husband and his family members started subjecting her to harassment on account of persistent demands for dowry, including demands for television, refrigerator, washing machine, gifts for relatives in the form of clothes and cash, etc. The respondent alleges that, in order to preserve matrimonial harmony and protect the family's reputation, her father acceded to such demands from time to time, as per the convenience and insistence of the petitioner-husband. It is further alleged that prior to the marriage, the petitioner-husband and his family members had assured the respondent that she would not be compelled to work against her wishes. However, contrary thereto, within a few weeks of marriage, the respondent was allegedly pressurised to seek employment and was compelled to hand over her entire salary to the petitioner and his family members. The respondent has narrated several such instances of physical, emotional, and economic abuse, which ultimately constrained her to initiate proceedings under Sec. 12 of the PWDV Act, along with an application under Sec. 23 thereof, seeking interim reliefs.

(3.) Pertinently, the learned Trial Court, vide order dtd. 23/12/2023, directed the petitioner-husband to pay interim maintenance of Rs.30,000.00 per month, quantified at Rs.10,000.00 per month for each of the three minor children, to be deposited directly into the bank account of the respondent-wife, from the date of filing of the petition till the disposal of the complaint or till the minor children attain majority, whichever is earlier. It was inter alia observed as under: