ALOK TIWARI Vs. SHALINI SHARMA

JUDGEMENT

(1.) BY this revision petition, a challenge is made to the orders dt.18.04.2012 and 15.06.2012 on a petition under Sec. 12 of Protection of Women from Domestic Violence Act of 2005 (in short "the Act of 2005"). Learned Counsel for petitioner submits that initially non -petitioner, Shalini Sharma was granted interim relief along with daughter. However, it was set aside on his appeal and matter was remanded back. The Court again considered the case for grant of interim relief and Rs. 2,000/ - per month was granted to daughter and not to Shalini Sharma. Appeal was preferred by petitioner herein as well as non -petitioner Shalini Sharma.

(2.) THE petitioner challenges grant of interim relief as no case for domestic violence was made out, whereas non -petitioner, Shalini Sharma preferred an appeal to challenge denial of interim relief to her as well as for enhancement. The appellate Court enhanced the amount of interim relief from Rs. 2,000/ - to Rs. 6,000/ - without any basis. The petitioner was having good financial condition at the time of marriage, but due to cancer to his mother and subsequent sad demise put him in bad financial condition. He is not having sufficient fund to maintain himself even. Ignoring the aforesaid and without reason, the amount of compensation has been enhanced from Rs. 2,000/ - to Rs. 6,000/ -. The appellate Court should have allowed the appeal granting compensation when case for domestic violence is not made out. Accordingly, both the orders may be set aside.

(3.) I have considered the rival submissions of learned counsel for parties and perused the record.