CHANDER ARYA Vs. MONIKA ARYA
LAWS(DLH)-2018-8-519
HIGH COURT OF DELHI
Decided on August 27,2018

Chander Arya Appellant
VERSUS
Monika Arya Respondents

JUDGEMENT

R.K.Gauba, J. - (1.)The petitioner and the respondent herein were concededly married to each other on 02.09.2006 and out of their cohabitation a girl child took birth on 15.07.2007. It is the case of the petitioner (husband) himself that the respondent (wife) had left the matrimonial home on 25.11.2009, this being subject matter of daily diary entry no.22 recorded in the local police station. The parties have been estranged from each other ever since. The respondent/wife had filed a petition (no. 5550614/2016), inter alia, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, the Domestic Violence Act) against the petitioner in January 2013, thereby seeking various reliefs including maintenance allowance for self and also for the minor child of the parties who concededly has been in her care, custody and control. On the application of the respondent/wife, the Metropolitan Magistrate, by order dated 18.08.2017, in the petition directed the petitioner to pay Rs. 50,000/- p.m. as maintenance for her and for the minor child of the parties, this to take care of their needs for food, clothing, household expenses, rented accommodation and other amenities of life, the order having been made effective from the date of filing of the petition till final adjudication thereupon.
(2.)The petitioner / husband had challenged the said order in the court of Sessions by appeal (CA 256/17) which was disposed of by judgment dated 06.01.2018 whereby the directions for payment of maintenance allowance were reduced partially to Rs. 40,000/- p.m.
(3.)The petitioner approached this court under Section 482 of the Code of Criminal Procedure, 1973 to bring another challenge to the said orders of the two courts below.


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