RAMAN AHUJA Vs. RIMPI AHUJA AND ORS.

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dt. 15.6.2013, by which, a sum of Rs. 8000/ - per month has been granted to the respondent -wife as interim maintenance while accepting an application under Sec. 23 of the Protection of Women from Domestic Violence Act, 2005. Learned counsel for the petitioner submits that petitioner is running a medical shop but ignoring the aforesaid, interim maintenance of Rs. 8000/ - per month has been granted. It is more so when non -petitioner is earning Rs. 60,000/ - per month being Vice Principal of a school. In view of above, impugned order may be quashed.

(2.) Learned counsel for non -petitioner No. 1 -wife submits that non -petitioner is maintaining her son and daughter. Both of them are pursuing studies and huge amount is spent thereon. The daughter is pursuing BDS course from a private medical college where more than Rs. 3 lac per year is being spent apart from other expenses for her studies and maintenance. Same is the position about the son.

(3.) I have considered rival submissions of the parties and perused the record. The impugned order has been passed under Sec. 23 of the Act of 2005 pending application under Sec. 12 of the Act. Since the order was passed in the year 2013 and a period of one year and 6 months has already passed, the case must have been proceeded before the Court below. In any case and taking into consideration over all facts and circumstances of the case, I deem it proper to reduce the amount of interim maintenance from Rs. 8000/ - per month to Rs. 6000/ - per month. The petition is disposed of with the aforesaid, however, the Court below is directed to expedite the proceedings and complete it at the earliest and not later than six months from the date of receipt of copy of this order. The interim maintenance would remain subject to final outcome of the proceedings and would not be taken adverse to any of the parties rather cases would be decided independently. As agreed, the arrears of the amount of interim maintenance would be paid by the petitioner within a period of three months in equal three installments.