GHANSHYAM Vs. SUMAN
LAWS(DLH)-2012-5-443
HIGH COURT OF DELHI
Decided on May 08,2012

GHANSHYAM Appellant
VERSUS
SUMAN Respondents

JUDGEMENT

- (1.)This petition is filed under Section 482 Cr.P.C. assailing the order dated 18th April 2012 passed by the learned District Judge, Saket Court whereby appeal against the judgment dated 16th May, 2011 of learned Metropolitan Magistrate (Mahila Court) in criminal complaint No. 35/2009 under Section 12 of the D.V. Act (in short D.V.Act') was dismissed. The Respondent had filed a petition against the Petitioner under Section 12 of D.V. Act before the learned Metropolitan Magistrate (Mahila Court). Vide judgment dated 16th May, 2011 the learned Metropolitan Magistrate(Mahila Court) granted certain reliefs s to the Respondent including that of grant of maintenance from the Petitioner at Rs.2500/- per month from the date of filing of the petition i.e. 14th January, 2009. The relief of litigation expenses to the tune of Rs. 5000/- was also granted to the Respondent. The Petitioner carried this order in an appeal before the District Judge who vide order dated 18th April, 2012 dismissed the same on the ground of limitation.
(2.)The impugned judgment of District Judge has been assailed mainly on the ground that the learned District Judge failed to appreciate that the Petitioner herein was in judicial custody from July, 2011 to January, 2011 and that the order of the learned Metropolitan Magistrate (Mahila Court) came to his knowledge only on 3rd February, 2011. The order of the learned Metropolitan Magistrate (Mahil Court) has also been assailed on merits alleging that the Petitioner had obtained a decree of conjugal rights against the Respondent from the District Judge, Panchkula, Haryana and that withdrawing by the Respondent from the company of the Petitioner, being without reasonable excuse, she was not entitled to the maintenance as granted by learned Metropolitan Magistrate(Mahila Court). It was also submitted that the income of the Petitioner was wrongly assessed by the learned Metropolitan Magistrate(Mahila Court) as Rs.6000/- per month and consequently grant of maintenance of Rs.2500/- per month was based on conjectures and surmises.
(3.)I have heard learned counsel for the Petitioner and perused the impugned judgment of District Court and that of Metropolitan Magistrate(Mahila Court).


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