PAWAN KUMAR Vs. REKHA

JUDGEMENT

(1.) The petitioner vide the present petition assails the impugned order dated 02.08.2019 of the learned ASJ-02, South-West, Dwarka Courts, New Delhi in Criminal Appeal no. 15/2019 whereby the learned Appellate Court though set aside the order dated 07.12.2018 of the learned MM (Mahila Court), South West in CC No.11772/2016 whereby the learned trial Court had granted interim maintenance of Rs.15,000/- p.m. in favour of the respondent, the wife of the present petitioner directed that the amount of maintenance to be given by the appellant was fixed at Rs.10,880/- per month to be paid by the appellant i.e. the present petitioner to the respondent on or before the 10th day of each English calender month directing further that the arrears from the date of filing of the petition before the learned trial Court be cleared within six months from the date of the impugned order dated 02.08.2019 by the deposit of the same in equal instalment into the bank account of the respondent.

(2.) The petitioner and the respondent are husband and wife and have a girl child named Devanshi born of their wedlock born on 13.11.2016.

(3.) The petitioner submits through the present petition that there are material irregularities in the impugned order of the learned trial Court in as much as virtually 50% of the earnings of the petitioner herein have been awarded as maintenance to the respondent and the minor daughter of the parties to the present petition whereas the maintenance ought to be fixed at only 25% of the income of the husband. Reliance in relation thereto has been placed on behalf of the petitioner on the verdict of the Hon'ble Supreme Court in Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy in Civil Appeal No.5369/2017 arising out of SLP (C) No.34653/2016, disposed of vide judgment dated 19.04.2017.