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2019 Supreme(P&H) 1852

SUDHIR MITTAL
Joginder Singh – Appellant
Versus
Rita And Another – Respondent


Advocates Appeared:
Rajesh Bansal, Adv.

JUDGMENT

Sudhir Mittal, J. - The petitioner is the husband of respondent No.1. A complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') was filed against him by respondent No.1, in which inter alia interim maintenance has been sought. An application under Section 23 of the Act, was also filed alongwith said petition.

2. Learned trial Court took cognizance of the petition and issued notice. On 15.1.2019, the petitioner filed a reply to the main petition as well as the application under Section 23 of the Act and vide order of even date, the trial Court directed the parties to file detailed affidavits regarding their income, expenditure, assets and other liabilities, in view of judgment dated 29.5.2017, passed by the Delhi High Court in FAO No.369 of 1996 titled as 'Kusum Sharma Vs. Mahinder Kumar Sharma.'

3. The matter was adjourned to 2.2.2019 and on the said date, an application was filed on behalf of the petitioner seeking exemption from filing of the aforementioned affidavit on the ground that the judgment of the Delhi High Court in Kusum Sharma's case (supra), was not binding upon the subordinate Courts in the State of Haryana

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