NAYANIKA THAKUR MEHTA Vs. MOHIT MEHTA

JUDGEMENT

(1.) Present petition under Sec. 482 Crimial P.C. has been preferred by the petitioner to challenge the legality and correctness of an order dated 24.09.2015 of learned Addl. Sessions Judge whereby the petitioner was declined interim maintenance earlier granted by the Court of learned Metropolitan Magistrate by an order dated 10.08.2015. The petition is contested by the respondents.

(2.) I have heard the learned counsel for the parties and have examined the file. Petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as 'D.V. Act') has been filed by the petitioner against the respondents. Application under Sec. 23 of the D.V. Act was filed by the petitioner to seek interim maintenance for herself and her minor child Manasvini. The said application was contested by the respondents. By an order dated 10.08.2015, the learned Metropolitan Magistrate granted maintenance @ Rs.70,000.00 per month (including Rs.8,000.00 being paid by the respondent No.1 towards tuition fee of baby Manasvini) for her maintenance as well as maintenance of the minor daughter from the date of filing of the petition i.e. 23.07.2014.

(3.) The respondent challenged the said order in CA No.22/2015. By an order dated 24.09.2015, the Appellate Court granted maintenance of Rs.45,000.00 (including Rs.8,000.00 which was being paid by him to the child Manasvini). Since the petitioner was earning around Rs.84,200.00 per month, she was held not entitled to any maintenance.