MUSHTAQ AHMED Vs. BHOLI BIBI

JUDGEMENT

(1.) The petitioners have challenged two orders, one passed by learned Additional Special Mobile Magistrate (Munsiff), Reasi on 27/8/2021 whereby in an application filed by the respondent against the petitioners under Sec. 23 of the Protection of Women from Domestic Violence Act (hereinafter referred to as 'the Act'), the learned Magistrate has awarded interim maintenance of Rs.14,500.00 per month in favour of the respondent and the second order passed by the learned Sessions Judge, Reasi on 30/12/2021 in a revision petition filed by the petitioners herein against the aforesaid order of learned Magistrate whereby, the order of the learned Magistrate has been modified to the extent that quantum of interim relief granted in favour of respondent has been slashed down to Rs.10, 500.00 per month.

(2.) The facts which emerge from the record are that petitioner No.1 and respondent No.1 had entered into a wedlock in the year 2015 and out of said wedlock one son and one daughter was born. It appears that the marriage between petitioner No.1 and respondent ran into rough weather and respondent approached the Court of learned Additional Special Mobile Magistrate, Reasi with a petition under Sec. 23 of the Act and in the said petition the respondent leveled allegations of mal-treatment and cruelty against the petitioners herein. The application was resisted by the petitioners by filing a reply thereto in which these allegations were vehemently denied by them.

(3.) The learned Magistrate after hearing the parties awarded interim relief to the tune of Rs.14, 500.00 per month in favour of the respondent and her two minor children. This order came to be challenged by petitioners by way of a revision petition before Revisional Court i.e., Principal Sessions Judge, Reasi, who vide the impugned order dtd. 30/12/2021 upheld the right of respondent to claim interim relief from the petitioner No.1 but slashed down the quantum of interim relief from Rs.14, 500.00 to Rs.10, 500.00 per month.