KANWAL KISHORE Vs. SEEMA

JUDGEMENT

(1.) The petitioner and the respondent were married to each other on 09.03.1998. From out of their cohabitation two daughters took birth, the first named Kiran born on 25.03.1999 and the other named Rishika born on 15.10.2004. The parties had some differences, the respondent (wife) accusing the petitioner (the husband) of certain acts of commission and omission statedly constituting cruelty and domestic violence. It appears that the petitioner also had his own set of grievances against the respondent wife, he accusing her of subjecting him to cruelty.

(2.) Against the above backdrop, the respondent wife filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 (D.V. Act) bearing C.C.No.2005/1/07 which was decided by the Metropolitan Magistrate by judgment dated 26.07.2010.

(3.) It appears both the petitioner and the respondent have been gainfully employed, the petitioner having served Indian Army in the rank of Lieutenant Colonel from which post he took premature retirement w.e.f. 22.06.2004, he having eventually joined private employment (with certain private companies, final employer being M/s.Wipro). The respondent, on the other hand, concededly has been engaged as a lecturer earning her livelihood. It is primarily on the basis of evidence to this effect that the Metropolitan Magistrate, by her decision dated 26.07.2010, concluded that consolidated income of the petitioner at the relevant point of time was Rs.70,000/- per month, this inclusive of pension then found to be Rs.16,385/- per month, the balance being the earnings from private employment. Taking note of the fact that respondent wife has been an earning hand, the Metropolitan Magistrate granted Rs.10,000/- each per month as maintenance allowance for the two minor daughters besides Rs.10,000/- per month towards household expenses.