BHARAT BARARIA Vs. PRIYANKA BARARIA

JUDGEMENT

(1.) By way of the instant petition, the petitioners invoke the inherent jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 to set aside the impugned orders dated 07th Aug., 2015 passed by the learned Special Judge (PC Act)-03: CBI, Patiala House Courts, New Delhi, in Criminal Appeal No. 03 of 2015 and the interim maintenance order passed by the learned Metropolitan Magistrate on 11th Feb., 2015 under Sec. 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the DV Act") in Complaint Case No. 20/4/14, wherein the learned Metropolitan Magistrate has granted interim maintenance amounting to Rs. 30,000.00 (Rupees Thirty Thousand Only) in favour of the respondent.

(2.) The brief facts stated are that, the marriage between the petitioner No.3 and the respondent was solemnized on 26th Aug., 2010 as per Hindu rites and customs and out of the wedlock one female child named Alisha was born on 17th Feb., 2013. Thereafter, on 15th Dec., 2012 the respondent was forced to leave the matrimonial home with her minor daughter and she is completely dependent on her parents. It has been alleged by the respondent that the petitioners had neither taken her back nor made any provision for her maintenance. It has been further alleged that the petitioners have refused the respondent to stay in her matrimonial home and have further refused to hand over the stridhan articles including jewellery to the respondent despite repeated requests.

(3.) Subsequently, on 18th Jan., 2014, the respondent filed an application under Sec. 12 read with Sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 against the petitioners herein, along with an application under Sec. 23 (2) of the DV Act in the Court of Chief Metropolitan Magistrate, Patiala House Courts, New Delhi.