Ramniwas Vs. Smt. Seema - Court Judgment

1. Heard the learned counsel for petitioner.

2. Briefly stated the facts of the case are that applicant/respondent Smt. Seema filed an application in the trial Court under Section 12 of the Protection Of Women From Domestic Violence Act, 2005 (for short 'the Act') along with an application for interim maintenance under Section 23(2) of the Act. Learned trial Court vide its order dated 12.01.2010, allowed the application and directed that she will be entitled to get Rs. 1,500/- per month towards interim maintenance.     

Being aggrieved with the same, petitioner filed an appeal but the same has been dismissed by the Additional District Judge(Fast Track), Mahwa, District Dausa vide judgment and order dated 04.03.2011. Hence, the petitioner has now preferred this revision petition.

3. Submission of the learned counsel for petitioner is that income of the petitioner is only Rs.2,500/- per month, therefore, both the Courts below committed an illegality in awarding interim maintenance @ Rs.1,500/- per month, therefore, amount of maintenance awarded in the case is excessive. He further submitted that petitioner is ready to keep his wife with him, but she herself is not coming, therefore, no interim maintenance should have been awarded.

4. I have considered the submissions of the learned counsel for petitioner in the light of reasons assigned by the Courts below for awarding interim maintenance in favour of respondent and after considering the same, I find that both the Courts below have assigned cogent reasons for allowing the application under Section 23(2) of the Act. In the facts and circumstances of the case, amount of interim maintenance awarded in the case, cannot be said to be excessive.

5. In view of above discussions, I do not find any merit in this revision petition and the same is, accordingly, dismissed.