KHEM CHAND Vs. BHAGWATI @ LAXMI & ANR

JUDGEMENT

(1.) The petitioner and the first respondent were married to each other on 02.12.2000 at Delhi. From out of the said wedlock, the second respondent took birth, she being a minor child in the care and custody of the first respondent. On account of certain circumstances, the first respondent left the matrimonial home with the second respondent on 20.10.2002. She was eventually constrained to file a petition (petition no. 912/3/2011) under Section 12 of Protection of Women from Domestic Violence Act, 2005 in the Court of Metropolitan Magistrate.

(2.) On her application, the Metropolitan Magistrate, by order dated 10.11.2014, directed the petitioner to pay the interim maintenance allowance of Rs. 3,500/- to the first respondent and Rs. 2,000/- to the second respondent w.e.f. 13.05.2011, the date of filing of the application. The petitioner challenged the said order by appeal (CA no. 57/2014) which, however, was dismissed by Additional Sessions Judge, by judgment dated 19.01.2016.

(3.) The petition at hand filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) brought a challenge to the orders of the courts below to the above effect, it being the contention of the petitioner that he is unemployed and, therefore, unable to pay, the first respondent, on the other hand being gainfully employed in a beauty parlour.