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2009 Supreme(Raj) 2347

R.S.CHAUHAN
Anil Sharma – Appellant
Versus
Shalini Sharma – Respondent


Advocates:
For the Petitioner:Karma Veer, Advocate.

JUDGMENT

1. - The petitioner has challenged the order dated 1.8.2009 passed by the Additional District Judge (Fast Track) No. 9, Jaipur City, Jaipur whereby the learned Judge has awarded an interim relief of Rs. 2,000/- per month to the respondent No. 1, Smt. Shalini Sharma under Protection of Women from Domestic Violance Act, 2005 (the Act', for short).

2. Mr. Karma Veer, the learned counsel for the petitioner, has contended that according to the respondent No. 1, Smt. Salini Sharma, she had left the petitioner's company in 2007 itself. She has filed the application under the Act after a lapse of one and half years. During this period, she did not file a case against the petitioner for offence under Section 498A Indian Penal Code. Thus, obviously, there is no evidence to prove the commission of domestic violence against her. Secondly, the petitioner is a poor priest who hardly earns Rs. 1,800/- per month. Yet, he has been directed to pay an amount of Rs. 2,000/- per month to the respondent No. 1. Thus, an onerous liability has been imposed upon him, which he finds difficult to discharge. Moreover, entire arrears of the amount have been directed to be paid within a period of one mon







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