Kiran Jyot Maini vs Anish Pramod Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1464

SWARANA KANTA SHARMA
Kiran Jyot Maini – Appellant
Versus
Anish Pramod Patel – Respondent

Advocates appeared:
KIRAN JYOT MAINI
Mr. Gaurav Bhatia, Senior Advocate with Mr. Pawan Shree Agrawal, Mr. Vikas Tewari and Ms. Shubhangi Negi, Advocates, for the Petitioner.
Mr. Prabhjit Jauhar, Mr. Gautam and Ms. Himanshi Nagpal, Advocates with respondent.

JUDGMENT

Swarana Kanta Sharma, J.

CRL.M.A. 1597/2023 (for interim relief)

1. In the above captioned petition i.e. Crl.M.C. 406/2023, the petitioner has filed the present application under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") seeking grant of interim relief by way of issuance of direction against the respondent for payment of arrears of maintenance due till 31.12.2022.

2. The case set out by the petitioner in the instant application is that she had filed an Application No. 4622 of 2016 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (`PWDV Act') before the learned Judicial Magistrate, Gautam Budh Nagar, wherein an application seeking interim maintenance had also been filed by her under Section 23 of the Act. The learned Judicial Magistrate vide order dated 10.05.2018 had directed the respondent herein to pay interim maintenance of Rs.35,000/- (Rupees Thirty-Five Thousand Only) to the petitioner. Against the said order, appeals had been preferred by both the parties and the learned Additional Sessions Judge, Gautam Budh Nagar vide order dated 01.02.2019, had modified the order dated 10.05.2018 and had directed the respondent to