DEEPAK MALHOTRA Vs. DEEPTI MALHOTRA

JUDGEMENT

(1.) The present revision petition has been preferred by the petitioner against the order dated 06.04.2016 passed in M.T No.110/2015 by the Judge, Family Court (North), Rohini, Delhi whereby the petitioner has been directed to pay to the respondent, as an interim maintenance of an amount of Rs. 22,000/- per month from the date of the filing of the application under Section 125 Cr.P.C , 1973i.e. from 23.07.2014 till the disposal of the petition. The petitioner has been directed to deposit the aforesaid amount directly in the bank account of the petitioner by 10th day of every calendar month. The arrears of the maintenance have also been directed to be cleared within six months from the date of passing of the order impugned.

(2.) It has been submitted on behalf of the petitioner that he was married to respondent No.1 on 11.10.2000 and two children were born out of the wedlock. For about 13 years, the spouses lived happily when suddenly, on 08.04.2013, respondent No.1 left the matrimonial house along with the two children and all valuables in a car which was actually gifted by the petitioner to the respondent.

(3.) Thereafter, it has been submitted, a petition under Section 12 of the Domestic Violence Act was filed by the respondent No.1 against the petitioner which is pending adjudication. Apart from this, a case also was lodged by respondent No.1 against the petitioner and others vide FIR No.290/2013 (P.S. Mukherjee Nagar) for the offences under Sections 498A and 406 of the IPC. The petitioner, on the other hand, had approached the Court under section 9 of the Hindu Marriage Act for restitution of conjugal rights vide HMA No.1041/2013. In the aforesaid petition, the joint statement of the petitioner and the respondent No.1 was recorded indicating that they have resolved their matrimonial disputes amicably and have decided to forget the past and forgive each other. It was also stated that a decision was taken by them to stay together in the matrimonial home with effect from 05.10.2013. Thereafter, the petitioner was granted anticipatory bail and the application filed by the respondent No.1 for cancellation of bail was rejected.