NIDHI MANARI Vs. SARATH MANARI

JUDGEMENT

(1.) This petition under Art.227 of the Constitution of Indian, assails the order dated 31st August, 2019, by which the learned Additional Sessions Judge, Thane, declined to enhance the, interim maintenance sought by the petitioner under the Protection of Women from Domestic Violence Act, 2005 ( "D.V. Act " for short) and confrmed the order granting interim maintenance , passed by the learned Judicial Magistrate First Class, CBD, Vashi. FACTS ARE AS UNDER :

(2.) Petitioner instituted D.V. complaint in the Court of Judicial Magistrate First Class, Vashi for the orders and reliefs under the D.V. Act against, her husband, who is the respondent no.1 herein. Pending complaint, she moved an application under Section 23(1) of the D.V. Act, for interim maintenance, compensation and protection order. The learned Judicial Magistrate First Class, directed the respondent to pay interim maintenance at the rate of Rs. 10,000.00 per month to the petitioner and Rs.7,000.00 to her daughter, from the date of the application on/or before the ffth day of the month, besides arrears of maintenance, within two months from the date of the order. In so far as, the other reliefs i.e. interim compensation and protection are concerned, the learned Judicial Magistrate First Class observed that, these reliefs would be considered at the later stage after evidence is led by the parties. Whereafter, the petitioner fled an appeal under Section 29 of the D.V .Act, seeking enhancement of amount of maintenance. ESSENTIAL FACTS :

(3.) Petitioner married to the respondent in March, 2015 and daughter was born out of the said wedlock on 17th January, 2017. Her case is that, the respondent suppressed his second marriage, which was subsisting when she married to him. She was subjected to a physical, emotional and economic abuse by the respondent, besides his extramarital affairs. She was driven out of the house on 13th July, 2017 and since then, she has been living at her parents house. Her husband is, Commander in Navy and his salary was around Rs.1,60,000.00 per month. Petitioner would therefore claim, 40% of Rs.1,60,000.00 as maintenance, for herself and her daughter.