Interim maintenance under the DV Act must reflect the husband's financial capacity, with due consideration for evidence of income and responsibilities.

NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 Cr.P.C. has been filed by the petitioner to set aside Order dated 27.03.2021, vide which learned MM has granted Interim Maintenance of Rs.1,50,000/- to the Respondents (wife and son of Petitioner) under Section 12 of Protection of Women from Domestic Violence Act (DV Act), which has been upheld by Principle District and Sessions Judge, Delhi in the Appeal, vide Order dated 09.07.2021.

CRL.M.C. 3355/2021 Page 1 of 10 Signature Not Verified Signed By:RITA

2. The Complainant/Respondent No.2 Nishtha Sachdeva had filed a Complaint under Section 12 of DV Act, claiming interim maintenance of Rs.1,50,000/- for herself and their minor child and also to issue directions to the Petitioner to pay school fee of the child.

3. Brief facts are that Parties had got married on 12.02.2015 and one son was born out of the wedlock on 12.09.2016. Due to matrimonial differences, they separated on 21.12.2008. Thereafter, the Complaint bearing CC No. 3371/2019 under 12 of DV Act was filed by the Complainant /

Respondent No.2 for maintenance and other Reliefs.

4. The Complainant asserted that Petitioner is Managing Director of Hi Class Impex. In his bio-data shown at the time of marriage, the family income was mentioned as Rs.20-25 lacs per month. It was further asserted that Petitioner was having stake in other businesses namely Audra Food Works and BBS Food Works Pvt. Ltd. as is evident from the print outs of his Facebook accounts. Complainant filed photographs and other documents along with Affidavit of income.

5. She further asserted that from the photographs and other documents it was apparent that Petitioner was enjoying a luxurious lifestyle and high standard of living, to which she being the wife, was also entitled. The Statement of Account of only two banks has been filed, one of which was in Kotak Mahindra Bank. It was claimed that petitioner nowhere mentioned in his Affidavit of Income that he had no other Bank Accounts. The reference to the entries in Kotak Mahindra Bank show that there were credits from Petitioner through IMPS, but there were no corresponding entries reflected in the Statement of Account of the other Bank, which implies that he is maintaining other Bank Accounts, details of which have not been disclosed. CRL.M.C. 3355/2021 Page 2 of 10 Signature Not Verified Signed By:RITA

6. Moreover, the income and source of income shown by the Petitioner in his Income Tax Returns, were different. There were regular transactions with BBS Food Works Pvt. Ltd., which reflects that he has stake in the Company. There were transactions of more than Rs.1,00,000/- per month from father of the petitioner and his assertion that he was being given Rs.20,000/- per month by his father, was apparently false. Moreover, there were no other dependents upon the Petitioner, who is liable to pay for the maintenance for Resopndent No.2 and their son.

7. The claim of Resopndent No.2/Complainant for interim maintenance was contested by the Petitioner, who asserted that his father was running a business in South America, which had to be closed due to his ill health. He further submitted that his father got paralysed and had to return to India in May, 2019, after which business got closed. The passport of his father also shows that he has not travelled to South America since 2019, which supports the contention that the business was closed. Further, there was no document filed by Respondent No.2 to show that he had been drawing profit from Audra Food Works and BBS Food Works Pvt. Ltd.

8. Learned MM after considering the rival contentions of the parties, vide Order dated 27.03.2021 awarded Rs.1,50,000/- per month to Resopndent No.2 for herself and the minor son, which included his educational expenses, from the date of filing of the Application till disposal of the case.

9. Aggrieved by the said Order of learned MM, a Revision Petition bearing CA No. 42/2021