Neutral Citation Number:2022/DHC/004318 [1]

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IN THE HIGH COURT OF DELHI AT NEW DELHI

BEFORE

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

+

CRIMINAL REVISION PETITION NO.1243 OF 2019 and

CRL.M.As.41342/2019, 41344/2019, 16955/2020, 17869/2020,

13348/2021, 16672/2021, 16673/2021, 16674/2021 & 16675/2021

Between:-

KIRAN KUMAR ANAND

S/O LATE SH. KISHAN LAL ANAND

R/O H. NO. 15B-I8B

KHUKHRAIN APARTMENTS

SECTOR-13, ROHINI

NEW DELHI-110085

...... PETITIONER

AND

SMT. AAKANKSHA ANAND

W/O SH. VINEET ANAND

R/O 83, FIRST FLOOR

SAINIK VIHAR, PITAM PURA

NEW DELHI 110034

...... RESPONDENT NO.1

VINEET ANAND

S/O SH. KIRAN KUMAR ANAND

R/O B-6, 131/132

GROUND FLOOR, SECTOR-7

ROHINI, DELHI-110085

...... RESPONDENT NO.2

SMT. BHAWNA ANAND

W/O MR. KIRAN ANAND

...... RESPONDENT NO. 3

Digitally Signed

By:PRATIMA

Signing Date:17.10.2022

15:51:15

Signature Not Verified

Neutral Citation Number:2022/DHC/004318 [2]

MS. KRITIKA ANAND

D/O MR. KIRAN ANAND

..... RESPONDENT NO.4

BOTH THE RESPONDENT NO.3 & 4

R/O H. NO.I5B-18B

KHUKHRAIN APARTMENTS

SECTOR-13, ROHINI

NEW DELHI-110085

STATE (GOVT. OF NCT OF DELHI)

NEW DELHI

..... RESPONDENT NO.5

respondent Nos.1 & 4)

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Pronounced on

:

12.10.2022

J U D G M E N T

PURUSHAINDRA KUMAR KAURAV, J.

1. This revision petition under Section 397 read with Section 401 and

482 of the Code of Criminal Procedure, 1973 (hereinafter referred as

Cr.P.C.) is directed against the impugned judgment dated 29.08.2019

passed by the Additional Sessions Judge-03 North West, Rohini Courts,

New Delhi, in Criminal Appeal No.190/2018, whereby, the appeal under

Section 29 of the Protection of Women from Domestic Violence Act,

2005 (hereinafter referred as ‘DV Act’) against order dated 29.11.2018

passed by the learned MM-02, (Mahila Court) North West, Rohini

Courts, New Delhi, has been allowed while modifying the order dated

29.11.2018.

2. The brief facts of the case are that respondent Nos.1 & 4 are wife

and sister of respondent No.2 respectively. The respondent No.3 is the

Digitally Signed

By:PRATIMA

Signing Date:17.10.2022

15:51:15

Signature Not Verified

Neutral Citation Number:2022/DHC/004318 [3]

wife of the petitioner. The petitioner is father-in-law of respondent No.

1. The marriage of respondent No.1 and respondent No.2 was solemnized

on 25.01.2013. Out of their wedlock, a baby girl Saanvika was born on

28.04.2014. On account of certain differences between the parties, on

26.07.2017, the respondent No.1 filed a complaint in CAW Cell (Crime

Against Women) North West District, Delhi. In the month of August,

2017, she filed an application under Section 12 of the DV Act before the

learned court of Metropolitan Magistrate, Rohini Courts, Delhi. The

petitioner and the other respondent in the said petition filed their reply.

Vide order dated 29.11.2018, the learned MM directed for a payment of

interim maintenance of Rs.50,000/- per month to respondent No.1 and

her daughter. The respondent No.1 preferred statutory appeal under

Section 29 of the DV Act before the court of Additional Sessions Judge

and vide impugned order dated 29.08.2019, the learned Appellate Court

enhanced the amount of Rs.50,000/- to Rs.1,25,000/- and it has been

further directed that the aforesaid sum would be payable by the

respondent No. 2 (husband) and the petitioner being Karta of Hindu

Undivided Family (HUF). It is to be noted at this stage that against the

order granting interim maintenance @ Rs.50,000/- per month, the

respondent No.2/husband also filed appeal before the court of Additional

Sessions Judge which was registered as Criminal Appeal No.10/2019 and

vide impugned judgment the appeal preferred by respondent No.2

(husband) has been dismissed. The respondent No.2-husband filed a

separate revis