RAJAN DOGRA Vs. CHETNA DOGRA

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioner has challenged the proceedings under provisions of Protection of Women from Domestic Violence Act,2010 initiated by respondent No. 1 against the petitioner before the Court of learned Chief Judicial Magistrate, Samba. A further prayer for setting aside order dated 26.03.2021 passed by the learned Chief Judicial Magistrate, Samba as upheld by the learned Principal Sessions Judge, Samba vide order dt. 05.02.2021, whereby interim maintenance in the amount of Rs. 13,000/-has been awarded in favour of the respondent No. 1, has also been made.

(2.) It is inter alia contended by the learned counsel for the petitioner that learned appellate court while interfering in the impugned order passed by the learned Magistrate has granted interim maintenance in favour of the respondent No.1 from the date of application whereas the same was awarded by the learned Magistrate from the date of the order, even though respondent No. 1 was not aggrieved of the order of the Ld. CJM. This, according to learned counsel for the petitioner, is not in accordance with the law.

(3.) Having heard learned counsel for the petitioner and having perused the material on record, a case for grant of interim indulgence is made out.