SHOME NIKHIL DANANI Vs. TANYA BANON DANANI

JUDGEMENT

(1.) Petitioner impugns order dated 26.09.2018 whereby the appellate court set aside order dated 06.04.2018 and remanded the matter to the trial court to decide the application under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the DV Act), afresh.

(2.) Application under section 23 of the DV Act was filed by the Respondent-wife inter-alia seeking monetary relief under section 20, residence orders under section 19(f) and prevention of alienation of assets under section 18(e) of the DV Act.

(3.) By order dated 06.04.2018 the application under section 23 was dismissed. The Trial Court rejected the monetary relief claimed by the Respondent on the ground that she had already been granted maintenance of Rs 1,20,000/- per month under section 125 Cr.P.C. by the family court. Further the Trial Court observed that the rent to be paid by the Respondent had been considered by the family court while deciding the quantum of maintenance thus she was not entitled to relief under section 19 of the DV Act. In so far as the prayer for preventing alienation of assets was concerned the Trial Court declined the same holding that whether the Respondent-wife had a share holding in the company was a matter of trial and said relief could not be granted to her.