JYOTSANA SHARDA Vs. GAURAV SHARDA

JUDGEMENT

(1.) BOTH these criminal revision petitions, one filed by Jyotsana Sharda/wife and another by husband/Gaurav Sharda, are assailing the orders dated 1st February, 2008 passed by the learned JMIC, Gurgaon wherein he dismissed the application filed by the wife of Jyotsana Sharda for her own ad interim maintenance and the maintenance of infant child as well as the accommodation in the matrimonial home. The second order which is assailed is dated 9th May, 2008 passed by the learned Additional Sessions Judge who dismissed the appeal of the Jyotsana Sharda against the order of the learned Magistrate on the ground of limitation and so far as the cross appeals which were filed by the husband against the order of the learned JMIC granting maintenance of Rs.10,000.00 only to the minor child are concerned, the learned Judge said that the same was in far excess than which ought to have been given.

(2.) THE facts of the case are that the Gaurav Sharda got married on 16th February, 2004. They were blessed with a son who was named Aryaman. It is alleged by the husband Gaurav Sharda that his wife lodged the false complaint with Gurgaon Police on 17th June, 2006 for physical beating given by Gaurav Sharda and his brother which ultimately culminated into filing an undertaking from Gaurav Sharda and the parents of the petitioner that they will not visit the matrimonial home. It is further alleged by the husband Gaurav Sharda that on 29th September, 2006 he was not allowed to enter the house and the respondent lodged a false complaint. On 18th November, 2006 respondent wife lodged an FIR under Sections 406/498A IPC at P.S. Gurgaon. On 5th December, 2006 Jyotsana Sharda filed a complaint under Section 23 of Protection of Women from the Domestic Violence Act, 2005 which is still pending. On 1st February, 2008 the JMIC, Gurgaon passed an order deciding the application of Jyotsana Sharda under Section 23 of Protection of Women from the Domestic Violence Act, 2005 wherein Gaurav Sharda was directed to pay a sum of Rs.10,000.00 towards the maintenance of the minor child and further he was restrained from disposing Jyotsana Sharda from house No. 502, Tower-4, Shushant Estate, Sector-52, Gurgaon. The petitioner was also restrained from creating third party interest or taking the custody of the minor child.

(3.) GAURAV Sharda/husband also felt aggrieved by the order of the JMIC fixing up the interim maintenance at Rs.10,000.00 per month in favour of his son. It was his case that the interim maintenance be reduced as he had limited resources from which he had to maintain not only his parents but also to pay the installments of the loan which he had taken in respect of the flat. The learned Additional Sessions Judge considered both these appeals together and rejected the appeal of the wife of Jyotsana Sharda on the ground of limitation as it was filed with a delay of 52 days for which allegedly no explanation was furnished by her was not accepted.