BINITA DASS Vs. UTTAM KUMAR

JUDGEMENT

(1.) Petitioner impugns judgment dated 19.05.2016 whereby the appeal of the petitioner impugning order dated 04.08.2015, declining the application of the petitioner for grant of interim maintenance, has been dismissed.

(2.) Petitioner had filed an application under Protection of Women from Domestic Violence Act, 2005 and along with the application had filed an interim application under Section 23 seeking interim maintenance. Said application has been rejected by the Trial Court by order dated 04.08.2015 solely on the ground that the petitioner and respondent are equally qualified and petitioner was previously employed and has not disclosed any cogent explanation or disability on her part so as to disable her to earn her living.

(3.) The Appellate Court by impugned judgment dated 19.05.2016 has also dismissed the appeal on the ground that the petitioner was earlier working in a private company and has the capacity to work and with earnest efforts she shall be able to search a suitable job for herself.