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2022 Supreme(Del) 388

ASHA MENON
Rohit Kumar – Appellant
Versus
Varsha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Deepak Vashisht, Mr. Rupendev Sharma & Mr. S.P. Yadav, Advs. with petitioners-in-person.
For the Respondent: Mr. C.M. Thapliyal, Adv.

JUDGMENT :

Asha Menon, J.

1. The petition has been filed under Article 227 of the Constitution of India read with Section 482 Cr.P.C. for setting aside the orders dated 24th September, 2020 passed by the Learned Principal District and Sessions Judge, North Rohini, New Delhi dismissing the appeal filed by the petitioners against the orders of the Learned Metropolitan Magistrate, Mahila Court-01, (North) Rohini, dated 17th January, 2020.

2. The facts as are relevant for the disposal of this petition are that the respondent herein had filed an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’ for short), seeking interim maintenance @ Rs. 20,000/- per month from the petitioner No. 1 for herself and the minor child. Vide the order dated 17th January, 2020, the learned MM concluded that the income of the petitioner No. 1 could be assessed at Rs. 30,000/- per month and dividing the income equally amongst the family members with an extra portion to the petitioner No. 1, granted a sum of Rs. 15,000/- per month to the respondent and the child of the petitioner No. 1 and the respondent, with effect from 26th August, 2018 till they were legally ent

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