KHALID Vs. NASREEN

JUDGEMENT

(1.) The present revision petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure (hereinafter shall be referred as Cr.P.C.) against judgment dated 09.06.2016 passed by the learned Additional Sessions Judge whereby the appeal filed by the petitioner against order dated 17.11.2015 of the learned Metropolitan Magistrate granting interim maintenance of Rs.16,000/- per month in favour of the respondent was dismissed.

(2.) Facts, in brief, are that a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) was filed by the respondent/wife against the petitioner/ husband. In the petition, it was alleged that the marriage between the parties was solemnized on 11.05.2012. In the marriage, father of the respondent/wife gave all the domestic articles, clothes, utensils, gold, silver, cash and car. Since marriage, the petitioner/ husband and in-laws started harassing the respondent/wife. The respondent/wife was harassed and meted out with cruelty for or in connection with dowry. On 07.02.2013, the respondent/wife was blessed with a male child at her parental home and at the time of delivery, nobody from the family of husband came. Thereafter, the respondent/wife was asked to bring Rs.5 lacs from her parents. On 21.07.2013, the respondent/wife was beaten brutally and with the help of police and her father, she was taken to hospital. On 22.07.2013, she got lodged an FIR No.317/2013, under Section 307/498-A/506/34 IPC, Police Station Gokal Puri. Since 21.07.2013, the respondent/wife along with her child has been staying at her parental home. It was mentioned that the respondent /wife is a housewife and has no movable or immovable property in her name and has no source of income to maintain herself and her minor son. It was further mentioned that the petitioner/husband was getting salary of Rs.54,000/- per month and was leading a luxurious life.

(3.) During the pendency of the petition, the respondent/wife had moved an application under Section 23 of the D.V. Act for the grant of interim maintenance. The Trial Court vide order dated 17.11.2015 directed the petitioner/husband to pay a sum of Rs.8,000/- per month each as interim maintenance to the respondent/wife and her minor son from the date of filing of the petition. The petitioner/husband filed an appeal challenging the order dated 17.11.2015 which was dismissed by the Court of Session vide judgment dated 09.06.2016. Feeling aggrieved by the same, the present petition has been filed by the petitioner/husband.