DR. NIHAL SINGH Vs. DR. PRIYANKA SINGH BADALIA

JUDGEMENT

(1.) The instant revision petition filed under Sec. 397 read with section 401 of the Code of Criminal Procedure, 1973 has been preferred by the revisionist, i.e. Dr. Nihal Singh, for quashing/setting aside of the impugned order dated 21.11.2014 passed by the learned Additional Sessions Judge-3, Dwarka Courts, New Delhi, in Criminal Appeal No. 42/2014.

(2.) The brief facts stated are that, the revisionist was married to the respondent No. 1, i.e. Dr. Priyanka Singh Badalia, on 22.11.2009 as per Hindu rites and customs at Dwarka, New Delhi and out of the said wedlock one female child was born to them on 29.10.2010, i.e. Baby Harsha/respondent No. 2. Thereafter, on 12.12.2010 families of both the parties had altercation among themselves as a result of which the respondent No. 1 left the matrimonial house along with the newly born child, i.e. respondent no. 2, and since 13.12.2010 both the parties are living separately.

(3.) On 06.05.2011, the respondent No. 1 filed an application under section 12 of the Protection of Women From Domestic Violence Act, 2005 bearing Complaint Case No. 1003/1/2011 for maintenance for herself and her minor child/respondent No. 2 before the Court of the learned Metropolitan Magistrate, Dwarka Courts, New Delhi. Consequently, the learned Metropolitan Magistrate vide order dated 24th June, 2011 directed the present revisionist to pay Rs. 15,000.00 (Rupees Fifteen Thousand Only) per month to respondent No. 2 only through respondent No. 1 since the date of filing of the case, i.e. 06.05.2011.