AMIT KHANNA Vs. SILKY

JUDGEMENT

(1.) The petitioner Amit Khanna has filed this petition challenging order dated 27.8.2018 passed by learned Additional Sessions Judge, Ludhiana whereby an order dated 12.1.2018 passed by learned JMIC, Ludhiana granting interim maintenance to the respondent, apart from rental amount has been upheld.

(2.) A few facts necessary to notice for disposal of this petition are that the respondent (wife of petitioner) filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 in the Court of JMIC, Ludhiana alleging therein that she had been married to petitioner Amit Khanna on 23.9.2006. It is further alleged that although huge number of articles in the shape of household goods and gifts were given at the time of marriage but the petitioner and his parents were not happy with the same and started demanding more dowry. It is stated therein that one male child was born out of the wedlock on 24.7.2008 but the conduct of the petitioner or of his parents did not improve. It is alleged that the petitioner and her parents had misappropriated the Istri dhan and other articles belonging to the respondent. It is further alleged therein that the petitioner is not maintaining the respondent and consequently respondent had to take up a temporary job for survival and was dependent upon her parents for residence. The petitioner, thus, prayed for issuance of direction to be issued to the petitioner to arrange for rental accommodation; to pay maintenance @ Rs. 1 lac per month apart from litigation expenses; to pay an amount of Rs. 1 crore as damages; not to alienate the house and to pass any other direction deemed appropriate in the circumstances. Along with the aforesaid petition, an application for grant of interim maintenance was also filed. The learned JMIC, Ludhiana disposed of the aforesaid application for grant of interim relief under Section 23 of Protection of Women from Domestic Violence Act vide order dated 12.1.2018 directing the petitioner to pay an amount of Rs. 15,000/- per month as maintenance apart from an amount of Rs. 5,000/- per month as rental amount to enable the respondent to arrange for residential accommodation.

(3.) The aforesaid order dated 12.1.2018 was challenged by the petitioner by way of filing criminal appeal which was dismissed by the Court of learned Additional Sessions Judge, Ludhiana vide judgment dated 27.8.2018, which has been impugned by way of filing the present petition.