V.K. JAIN, J.

1. This is a petition under Section 482 of the Code of Criminal Procedure against the order of the learned Additional Sessions Judge dated 18.9.2009, whereby he dismissed the appeal filed by the petitioner against the order of the learned Metropolitan Magistrate dated 11.5.2009.

2. The marriage between the parties was solemnized on 23.8.1980 and the petitioner was driven out of the matrimonial home on 4.7.2005. The case of the petitioner is that it was on account of the conduct of the respondent that she thereafter could not live with him. On 29.11.2006, the petitioner filed a petition before the Magistrate under Section 12 of Protection of Women from Domestic Violence Act 2005 (hereinafter referred to as “the Act”) seeking various reliefs. Vide order dated 8.12.2006, the learned Magistrate granted interim relief of Rs.6,000/- per month to the petitioner. Vide subsequent order dated 17.2.2007, he passed protection/residence order and allowed the petitioner to live in her matrimonial home in Mathura. The order dated 17.2.2007 was challenged by the respondent before this Court but his application for staying the order was declined. The respondent,