JUDGMENT

Crl. M.A No.17968 of 2015

Exemption allowed subject to all just exceptions.

Application is disposed of.

Crl.Rev.P.300 of 2015

Richa Arya has questioned the legality of the order dated 15.10.2014 passed by the learned Metropolitan Magistrate (Mahila Court-02) East, whereby the prayer made on her behalf for monetary relief, as an interim measure, under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the ‘Act’) was rejected primarily on the ground that she had been granted maintenance pendente lite of Rs.5000/- per month under section 24 of the Hindu Marriage Act, 1955 in a proceeding for divorce instituted by her husband (respondent no.2) and therefore she was not entitled to the grant of additional maintenance; as also against the appellate judgment and order dated 24.01.2015 passed by the Additional Sessions Judge-03 East, Karkardooma Courts, Shahdara, Delhi in Crl. Appeal no. 120/2014, whereby the order passed by the learned Metropolitan Magistrate, referred to above, was affirmed and upheld.

2. In order to appreciate the contention of the petitioner, it would be necessary to set out the facts leading to invocation of the