CRL.M.C. 3500/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 25^th January, 2022

IN THE MATTER OF:

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CRL.M.C. 3500/2021

VISHAL KUMAR

..... Petitioner

Through

Mr. G L Verma, Mr. J K Nayyar and

Mr. Ajay Sharma, Advocates

versus

SMT. SONAM KHALOTRA

..... Respondent

Through

None

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

The petitioner seeks to challenge the order dated 01.02.2021 passed

by the learned MM (Mahila Court-02), Patiala House Court, New Delhi

fixing the interim maintenance in favour of the respondent herein under

Section 23 of Protection of Women from Domestic Violence Act, 2005 for a

sum of Rs.25,000/- per month which includes monthly expenditure, rent

allowance, medical expenses, travel expenses etc. from the date of the

complaint and the order dated 1.12.2021 passed by the learned ASJ-04,

Patiala House Court rejecting an application for preponment of the

appeal/stay of the order dated 01.02.2021 fixing the above mentioned

maintenance.

2.

The facts, in brief, leading to the filing of the instant petition are as

under:

2022:DHC:336

CRL.M.C. 3500/2021

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a)The marriage of the petitioner and the respondent was solemnized on

05.03.2018 at Jammu. The petitioner was working in Hyderabad and,

thereafter, the parties were staying in Hyderabad. The material on

record discloses that some differences arose between the parties.

Thereafter, the petitioner and the respondent have been residing

separately since December, 2018.

b)The respondent herein filed an application under Section 12, 18 and

19 of the Protection of Women from Domestic Violence Act, 2005

praying for protection orders. In the said application, the respondent

herein also prayed under Section 23 of the Protection of Women from

Domestic Violence Act, 2005 for interim maintenance.

c)It is pertinent to mention here that the petitioner filed a petition under

Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal

rights in Jammu, and the respondent filed a complaint under Section

498/406/34 IPC at Delhi.

d)The learned MM while considering the application under Section 23

of the Protection of Women from Domestic Violence Act, 2005 came

to the conclusion that the respondent is staying in Delhi and,

therefore, this Court has the jurisdiction to entertain the application.

On the basis of material on record, the learned MM also held that

there was sharing of domestic relationship in a shared household

which would entitle the respondent herein for relief under the

Protection of Women from Domestic Violence Act, 2005.

e)Income affidavits were filed by the parties. The learned MM, on the

basis of income tax returns, found that the petitioner has earned

approximately Rs.18 lacs in the year 2018-19, a sum of Rs. 12 lacs in

2022:DHC:336

CRL.M.C. 3500/2021

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the year 2019-20 and a sum of Rs. 21,000/- in the year of 2020-21.

After considering the income tax returns and other documents, the

income of the petitioner was assessed Rs.80,000/- per month. This

was done after taking into consideration that the petitioner has earned

only Rs.21,000/- in the year 2020-21. The learned MM held that no

doubt that the petitioner must be facing certain financial crisis due to

COVID-19 but the respondent must also be facing the same financial

crisis. On the basis of the above discussion, the learned MM fixed the

interim maintenance for a sum of Rs.25,000/- per month to the

respondent herein vide order dated 01.02.2021.

f)The said order dated 01.02.2021 has been challenged in an appeal by

the petitioner herein. The said appeal is under consideration.

Material on record indicates that an execution petition was filed and

notice has been issued in the said petition. The petitioner filed an

application for stay of the order dated 01.02.2021 and 17.11.2021

passed by the learned