HITESH MOHAN NAGPAL Vs. RACHNA NAGPAL

JUDGEMENT

(1.) Instant petition is preferred by the petitioner under Section 482 Cr.P.C., 1973 seeking setting aside of the impugned order dated 09.01.2015 passed by the learned Additional Sessions Judge-04 and Special Judge (NDPS) South East, New Delhi in Criminal Appeal No. 23 of 2014 whereby the learned ASJ dismissed the appeal filed by the petitioner challenging the interim maintenance order passed by the learned Metropolitan Magistrate (Mahila Court), SED/Saket, New Delhi vide order dated 24.07.2014 under Section 12 read with Sections 17(1), (2), 18, 19, (a), (c), (d), (e), (f), 20 (1b), (3) and 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the DV Act") in Complaint Case No. 115/3/13.

(2.) The brief facts stated are that the petitioner/husband and the respondent/wife got married on 22.01.1999 as per Hindu rites and customs and out of the wedlock three children were born to them. The petitioner in November 2009 moved to China then he went to Dubai where he is working till now. In the month of June 2013 the respondent filed a petition under section 12 of the Protection of Women From Domestic Violence Act (hereinafter referred as PWDV Act) alleging therein domestic violence and economic violence against the petitioner before the Court of Chief Metropolitan Magistrate, Saket, New Delhi. It is further alleged that the respondent/wife has three children to take care of, was treated with cruelty and the petitioner/husband is not paying anything towards the maintenance of the respondent/wife and the children.

(3.) Consequently, vide order dated 24.07.2014 the learned MM/Mahila Court/SED/Saket Courts, New Delhi directed the petitioner to pay Rs. 8,000/- per month per child as well to be paid to the respondent/complainant by the petitioner/husband. The petitioner was further directed to pay maintenance of Rs. 10.000/- per month to the respondent/complainant and an amount of Rs. 12,000/- per month as rent which is to be paid from the date of the rent agreement.