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2018 Supreme(P&H) 2043

ANITA CHAUDHRY
Naresh Kumar – Appellant
Versus
Rajni – Respondent


Advocates:
For the Petitioner:Ms. Aditi Girdhar, Advocate.
For the Respondent: None.

JUDGMENT

Mrs. Anita Chaudhry, J.: (Oral)- The petitioner has assailed the orders passed by both the Courts below.

2. It is necessary to have the facts first. The parties were married in 2005 and a child was born to them in 2007. Differences cropped up between them and the wife left in March 2007 and joined the company of the husband in October 2010. The husband filed a divorce petition in March 2012. During the pendency of the divorce petition a complaint was lodged by the wife under the Domestic Violence Act. Meanwhile, the wife also got the FIR registered under Sections 498-A, 406, 506, 34 IPC.

3. In the application filed under Section 24 of the Hindu Marriage Act in the divorce proceedings the Court awarded maintenance of Rs.5,000/- per month to the minor child. The order was challenged in a revision in the High Court and it was set aside.

4. The Judicial Magistrate in the application for interim maintenance in the Domestic Violence Act proceedings awarded Rs.3,000/- per month as interim maintenance to the wife. The petitioner challenged the same in a revision which was subsequently treated as criminal appeal. The appeal was dismissed on 11.03.2016 and the order was maintained.

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