Point of Law: Domestic violence - Maintenance - Court shall not further investigate or adjudicate into amount of maintenance awarded as the same has again been considered at length by the lower Courts by examining all documents and records, including the income and assets affidavit and at this stage.

JUDGMENT :

Chandra Dhari Singh, J.

1. The instant criminal revision has been filed by the Revisionist/Petitioner (hereinafter “Petitioner”) under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) seeking revision against impugned order and judgment dated 9th June 2017 passed in CA No. 53/16 (8297/16) under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter “DV Act”) titled "Ms. Rubina Rathore v. Monish Das & Anr.' passed by learned Additional Sessions Judge/Special Judge (PC Act), (CBI-3), South, Saket Courts, New Delhi.

FACTUAL MATRIX

2. The disputes are arising out of matrimonial relations between the parties, the Petitioner being the husband and Respondent being the wife. The marriage between the parties was solemnized on 6th May 2011 according to Hindu rites and ceremonies. Due to the temperamental differences, Petitioner and Respondent decided to live separately and despite attempts of reconciliation, the relationship ultimately broke down. Subsequently four FIRs got registered by the Respondent-wife against the Petitioner-husband and his mother. Out of four FIRs, two were registered in Delhi and two were registered in Udaipur. The complaint case under Section 12 of DV Act has also been filed by the Respondent against the Petitioner and mother-in-law in the Court of Metropolitan Magistrate-02 (Mahila Court), South District, Saket Courts, New Delhi. The said application was registered as CC No. 378/1/14 (20.08.2014)/ (464268/2016). Learned Metropolitan Magistrate decided the said compliant ex parte vide judgment and order dated 20th August 2016. The operative portion of the said judgment reads as under:-

49. Hence, in the present case in the absence of the assets and liabilities of the Respondent no.1 having been proved by way of cogent evidence by the aggrieved, keeping in view the standard of living of the parties as asserted by the aggrieved herself in her pleadings, as also the fact that the marriage between the parties was an arranged marriage where the standard of the parties is likely to be similar to each other, the income of the Respondent no.1 even by conservative estimates where he is not alleged to be differently abled being a MA Post Graduate, is presumed to be not less than Rs.75,000/- per month. As the aggrieved was in a domestic relationship with the Respondent no. 1 with certain savings but without any source of income except income from certain interest income of approx. Rs.10,000/- pm, and is not possessed of sufficient means of sustaining herself, as also keeping in view that it is the legal duty of the Respondent no.1 to maintain her and the minor child born out of the relationship, therefore, on the scale of balance of convenience, after dividing the income of the Respondent no. 1 into about five parts with two for the Respondent no. 1, one for the first wife and one each for the aggrieved and her minor son, I deem it fit to award a sum of Rs.20,000/- per month to the aggrieved as well as Rs.25,000/- towards her minor child by the Respondent no.1 as monetary relief. Needless to mention that this includes rent towards alternative accommodation because aggrieved despite having a right to reside in the shared household is residing separately therefrom. The amount shall be payable from the date of filing of the petition till the aggrieved and her minor child becomes dis-entitled for the same as per law.

50. Respondent no.1 shall pay the awarded amount directly into the account of the aggrieved upon supplying the details of the bank account within three weeks from today to the Respondent no.1 and filing a copy on record. The amount shall be payable by 10th day of every English calendar month starting from the next month. The arrears be cleared within the period of six months.

51. The default shall be viewed in terms of the judgment of Hon'ble High Court in Gaurav Sondhi vs. Divya Sondhi - (2005) 120 DLT 426. Any maintenance that