ATEET JAIN Vs. CHHAVI JAIN

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner- husband, assailing the order dtd. 31/10/2023 [hereafter ,,impugned order], passed by the learned ASJ-05, Central District, Tis Hazari Courts, Delhi [hereafter ,,Sessions Court] vide which the appeal filed by the petitioner under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 [hereafter ,,PWDV Act] was dismissed, and the order dtd. 22/10/2021, passed by the learned MM-03, Mahila Court, Central, Tis Hazari Courts [hereafter ,,Magistrate] was upheld.

(2.) Brief facts of the case are that the petitioner-husband and the respondent-wife were married on 26/9/2014, according to Hindu rites and ceremonies. No child was born from the wedlock. Owing to differences between the parties, the respondent-wife left the matrimonial home and filed an application under Sec. 12 of the PWDV Act along with an application under Sec. 23 of the PWDV Act, inter alia, alleging that she had been subjected to sexual, verbal, emotional and economic harassment, as well as harassment on account of dowry demands. Reply to the said application was thereafter filed by the petitioner-husband. The parties subsequently filed their respective affidavits of income and assets, along with their bank statements and income tax returns (ITRs).

(3.) The learned Magistrate, vide order dtd. 22/10/2021, allowed the application under Sec. 23 of the PWDV Act and directed the petitioner-husband to pay an amount of 26,000/- per month to the respondent-wife, from the date of filing of the petition till disposal of the case, towards interim maintenance.