YOGESH Vs. PARUL

JUDGEMENT

(1.) This criminal revision under Sec. 397 r/w Sec. 401 of the Cr.P.C., 1973 is preferred challenging the order dtd. 31/1/2024 passed in Criminal Appeal No.107/2023 by IIIrd Additional Sessions Judge, Indore arising out of order dtd. 14/2/2023 passed in UNCR No.194/2022 by JMFC, Indore whereby an amount of Rs.60,000.00 per month has been awarded as interim maintenance from the date of application i.e 12/1/2022 under Sec. 23 of the Protection of Women Against Domestic Violence Act, 2005.

(2.) Fact in brief are that an application under Sec. 12 of the Protection of Women Against Domestic Violence Act, 2005 on 12/1/2022 before JMFC, Indore with the averments that she was married to the petitioner No.1 on 3/11/2020 at Vedic Samaj Kalyan Samhiti Pratap Vihar Ghaziabad, Uttar Pradesh and after the marriage petitioners committed cruelty towards her for fulfilling the unlawful demand of Rs.5,00,000.00 dowry.

(3.) The First Information Report Annexure P/7 was lodged on 15/1/2022 at Police Station Mahila Thana Indore as Crime No.14/2022 under Sec. 498, 294 of the IPC and Sec. 3, 4 of Dowry Prohibition Act, 1961 and an application under Sec. 23 of the Protection of Women Against Domestic Violence Act, 2005 was also filed claiming Rs.3,000,000.00 interim maintenance alleging that petitioner earns Rs.9,00,000.00 per month and possess various assets in Canada and India and earns a huge amount through share market and investment in mutual funds. His life standard is of upper class as disclosed through transactions of credit cards, bank account statements , D-Mat accounts and salary slips. He earns Rs.14,00,000.00 per month from these sources. Whereas respondent/wife does not possess means to maintain herself.