AMIT SUNDRA Vs. SHEETAL KHANNA

JUDGEMENT

(1.) The appellant has filed the present petition under Article 227 of the Constitution of India challenging the impugned order dated 1st August, 2007 passed by the Ld. Metropolitan Magistrate, New Delhi.

(2.) The respondent herein had filed an application under Section 23 of The Protection of Woman from Domestic Violence Act, 2005 before the Magistrate praying for grant of interim relief seeking therein her entry into the shared house hold at 7, Sunder Nagar, New Delhi and also prayed for interim maintenance of Rs.45,000/- per month.

(3.) Vide the impugned order, the Ld. Magistrate directed the present petitioners to allow the respondent to enter into the aforesaid shared house hold at Delhi and stay over there under the prosecution of Protection Officer. Petitioners were also directed to pay interim maintenance of Rs.8,000/- per month to the respondent. However, it was made clear that this relief passed in the favour of the respondent shall not create any special equities in her favour for passing any further order in the case and nothing in this order shall have any effect upon the merits of the case.