JOGINDER SINGH Vs. RITA

JUDGEMENT

(1.) The petitioner is the husband of respondent No.1. A complaint under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') was filed against him by respondent No.1, in which inter alia interim maintenance has been sought. An application under Sec. 23 of the Act, was also filed alongwith said petition.

(2.) Learned trial Court took cognizance of the petition and issued notice. On 15/1/2019, the petitioner filed a reply to the main petition as well as the application under Sec. 23 of the Act and vide order of even date, the trial Court directed the parties to file detailed affidavits regarding their income, expenditure, assets and other liabilities, in view of judgment dtd. 29/5/2017, passed by the Delhi High Court in FAO No.369 of 1996 titled as 'Kusum Sharma Vs. Mahinder Kumar Sharma.'

(3.) The matter was adjourned to 2/2/2019 and on the said date, an application was filed on behalf of the petitioner seeking exemption from filing of the aforementioned affidavit on the ground that the judgment of the Delhi High Court in Kusum Sharma's case (supra), was not binding upon the subordinate Courts in the State of Haryana. The request made on behalf of the petitioner was rejected vide order dtd. 2/2/2019 and costs of Rs.20,000.00 were imposed upon him. He was also directed to file an affidavit in terms of order dtd. 15/1/2019, on or before 14/3/2019. Thus, the present petition under Sec. 482 Cr.P.C., has been filed for quashing of order dtd. 15/1/2019 (P1) as well as order dtd. 2/2/2019 (P2) passed by JMIC, Panipat.