KAMLESH KUMAR TIWARI Vs. KAMINI TIWARI

JUDGEMENT

(1.) Petitioner had filed the subject revision petition impugning order dated 31.08.2016 whereby two appeals; one filed by the petitioner and the other filed by the respondent were disposed of. Both the appeals had impugned order dated 11.04.2016 passed by the Metropolitan Magistrate, rejecting the application filed by the petitioner under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the DV Act).

(2.) By order dated 23.12.2014 interim maintenance was fixed and the petitioner was directed to pay a sum of Rs. 25,000/- per month for the respondent-wife and Rs. 15,000/- per month for the child. Petitioner appealed against the said order and appellate court by order dated 11.03.2016 dismissed the appeal filed by the petitioner.

(3.) Thereafter, petitioner filed an application under Section 25(2) of DV Act, seeking modification of the interim maintenance fixed by the court claiming change in circumstance. The change in circumstance claimed by the petitioner was that he was ousted from the residential home and had to incur extra expenditure for taking an alternative accommodation.