The main legal point established in the judgment is that the claimed income of a party must be consistent with their lifestyle, and the court may consider lifestyle and surrounding circumstances to assess the party's income for maintenance purposes.

JUDGMENT

Amit Sharma J.

1. The present revision petition under Section 397(2) read with Section 482 of the Code of Criminal Procedure, 1973 (`CrPC'), has been filed by the petitioner assailing the impugned judgment dated 29.08.2019, passed by the learned Additional Session Judge - 03, North-West District, Rohini Courts, Delhi in Criminal Appeal No.190/2018, CNR No. DLNW01-013439-2018, titled Aakanksha Anand v. Vineet Anand and Ors., and Criminal Appeal No. 10/2019, CNR No. DLNW01-000519-2019, titled Vineet Anand v. Aakanksha Anand and Ors., wherein the learned Additional Session Judge allowed the former and dismissed the latter appeal. The learned Additional Session Judge in the impugned judgment dated 29.08.2019, modified the order dated 29.11.2018, passed by the learned Metropolitan Magistrate - 02 (Mahila Court), North-West, Rohini Courts, Delhi, and directed the petitioner and respondent no. 3 (father of the petitioner), Karta of the Kiran Anand and Sons HUF, to pay a sum of Rs. 1,25,000/- per month, as interim maintenance towards respondent no. 1, Ms. Aakanksha Anand (wife of the petitioner) and respondent no. 2, Ms. Saanvika Anand (minor daughter), from the date of filing application under Section 23 (2) of the Protection of Women from Domestic Violence Act, 2005 (`DV Act'), till final disposal of the petition under Section 12 of the DV Act.

2. The case of the petitioner is as under:

i. The marriage between Mr. Vineet Anand (petitioner) and Ms. Aakanksha Anand (respondent no. 1) was solemnized on 23.01.2013, in accordance with Hindu rites and ceremonies. One girl child namely Ms. Saanvika Anand (respondent no. 2) was born out of the said wedlock, on 28.04.2014 and is in the custody of respondent no. 1.

ii. On 20.05.2016, respondent no. 1 left matrimonial home with her belongings along with respondent no. 2.

iii. In June 2016, petitioner had secured a job as a Labour Supervisor at SJH Interior Decoration LLC, Dubai. However, since the employer did not pay the petitioner's salary the matter was referred to Labour Court of United Arab Emirates and thereafter the petitioner returned to Delhi. On 22.06.2016, respondent no. 3 (father of the petitioner) vide a public notice in a daily newspaper, disowned the petitioner and respondent no. 1 herein from all his movable and immovable properties.

iv. On 25.08.2016, the petitioner tried to reconcile with respondent no. 1 but failed due to interference of latter's mother.

v. The petitioner was working as a freelancer in the field of assembling and repairing of computers since 2009, without the help of respondent no. 3 and accordingly his Income Tax Return (`ITR') was filed.

vi. The petitioner opened a proprietorship firm in the name of respondent no. 1, namely M/s Aakanksha Enterprises, which did not succeed at the phase of the startup, hence had to be shut down.

vii. Respondent no. 1 filed a complaint in Crime Against Women Cell, Rani Bagh qua the petitioner and his family members. Subsequently, FIR No. 44/2018, dated 13.02.2018 under Sections 498A/406/34 of the IPC was registered at P.S. Rani Bagh. Thereafter, respondent no.1 filed a petition under Section 12 of the DV Act before the learned Metropolitan Magistrate - 02 (Mahila Court), North-West, Rohini Courts, Delhi, wherein she had filed an application under Section 23 of the DV Act and had prayed for a sum of Rs. 3,00,000/- per month, as interim maintenance for both respondent no. 1 and 2, apart from the accommodation. Another FIR bearing No. 88/2018, dated 02.04.2018, under Sections 452/506 of the IPC, registered at P.S. Rani Bagh, was filed by respondent no. 1 qua the present petitioner, as a result of which the latter was restrained from meeting respondent no. 2/minor child. The petitioner was granted bail by a Co-ordinate Bench of this Court in BAIL APPLN. 3088/2019 vide order dated 13.12.2019, in FIR No. 44/2018, registered at P.S. Rani Bagh.

viii. On 19.03.2018, petitioner was employed as a Sales Executive, at 4A Securities Limi