Rajesh Kumar Gupta vs Rekha Gupta

Anoop Chitkara, J

Challenging the dismissal of appeal filed by the original respondent for grant of monthly maintenance by the Chief Judicial Magistrate, Solan, to a

woman in domestic relationship, the adult male has come up before this Court.

The present respondent, Rekha Gupta, had filed a complaint under Protection of Women from Domestic Violence Act, 2005 (hereinafter referred

to as ‘DV Act’). Consequent thereto, the Protection Officer informed the police officials and the Magistrate for its registration.

Thereafter, the original respondent, adult male filed its response and denied any relationship with the woman, except to the extent that her services

were hired to take care of his daughter.

The complainant filed rejoinder and reiterated her allegations that she had performed marriage with the respondent in a temple and she was living as

wife.

After that the complainant filed an application under Sections 20 and 23 of the DV Act, seeking interim maintenance.

Vide the above mentioned order, learned Chief Judicial Magistrate, Solan, after discussing the contents of the complaint, reply and rejoinder, arrived

at a conclusion that the lady is entitled to monthly maintenance to the tune of Rs.5,000/- from the original respondent, adult male.

Feeling aggrieved, the original respondent, adult male, challenged the order of interim maintenance by filing an appeal before learned Sessions

Judge, Solan. Vide judgment mentioned above, learned Additional Sessions Judge-II, Solan, dismissed the appeal.

Challenging dismissal of the appeal, adult male has come up before this Court under Section 482 Cr.P.C.

I have heard learned counsel for the parties and have gone through the record with utmost care.

After the order of interim maintenance, statements of the witnesses have been recorded and I have gone through the same, but any reference or

observations qua these statements, which were recorded subsequent to the order of interim maintenance, might prejudice the case of the either of the

parties. I have also gone through the past conduct of the adult male and any observation qua that might also prejudice his case.

Since, the brief question before this Court is, whether order or interim maintenance is legally sustainable or not. This Court after minute scrutiny of

the entire record, including the original application, reply of the respondent and rejoinder, is also of the opinion that there is no illegality in the order

granting interim maintenance and the same calls for no interference by this Court.

It is again stated that any observations in detail might prejudice the case of the parties, as such, this Court refrains from observing so.

Given above, the petition is dismissed. The registry is directed to return the record forthwith.

Order dated 10.01.2019, passed by a Co-ordinate Bench of this Court, reveals that some amount was deposited by the petitioner during pendency

of this petition.

Given above, the Registry is directed to release the entire amount, which is lying deposited with it, alongwith up to date interest accrued thereupon,

if any, and less taxes, if any. Such amount shall be released to the respondent, Rekha Gupta, in her Saving Bank Account, details of which shall be

furnished by her to the Registry. It is clarified that respondent, Rekha Gupta, must be the sole account holder of Saving Bank Account. Registry shall

transfer the money either through ECS in the said account or by way of non-negotiable instrument.