NOOR ALAM KHAN Vs. HASINA BANO NOOR ALAM

JUDGEMENT

(1.) Heard both side for final disposal.

(2.) The proceedings under the provisions of the Domestic Violence Act were initiated by respondent no.1 vide CC No.46/DV/201 The said proceedings are pending before the Court of Metropolitan Magistrate 10th Court at Andheri Mumbai. The petitioner has challenged order dated 21st July, 2015, passed by the trial Court granting maintenance in the sum of Rs. 10,000/- to respondent no.1 and order dated 15th February, 2016, passed by the Sessions Court in an Appeal preferred by the petitioner by modifying the same and directing the petitioner to pay the maintenance in the sum of Rs. 6,000/- per month to respondent no.1.

(3.) According to petitioner, respondent no.1 has filed a false proceedings in order to harass and extort money from the petitioner. In the proceedings initiated by respondent no.1 false and baseless allegations are made against the petitioner. It is contended that respondent no.1 has suppressed that the petitioner had pronounced three times oral Talaq "Islamic Permissible Divorce" against respondent no.1. and thereby the marital ties between the petitioner and respondent no.1 has come to an end by virtue of oral Talaq pronounced by the petitioner on 16th May, 2012. The application initiated by respondent no.1 is based on false and concocted averments. It is also contended that the mandatory requirement of report submitted by protection officer contradicts the allegations of domestic violence made by respondent no.1, before the trial Court in the said proceedings.