Delhi District Court
Shweta Sachdeva vs Vikash Sachdeva on 14 February, 2012
Shweta Sachdeva Vs Vikash Sachdeva
IN THE COURT OF MS. POOJA TALWAR,
METROPOLITAN MAGISTRATE
( MAHILA COURT - SOUTH EAST DISTRICT )
SAKET COURT COMPLEX, NEW DELHI
CC no. 712/03
IN THE MATTER OF:
Shweta Sachdeva PETITIONER
VS.
Vikash Sachdeva & ORS RESPONDENT
DATE OF ORDER 14.02.2012.
ORDER ON INTERIM MAINTENANCE U/S 23 OF D. V. ACT.
1. This order shall dispose of an application for interim maintenance under Section 23 of D. V. Act.
2. It is stated that complainant was married with respondent no. 1 as per Hindu rites on 16.11.2005. On account of torture and harassment which was meted out to her during her stay with the respondent, she was compelled to leave in wearing apparels on 07.12.2006 and the complainant is now living with her parents.
CC no. 712/03 Page no. 1 Shweta Sachdeva Vs Vikash Sachdeva
3. Reply has been filed by the respondent denying the allegations levelled as wrong and incorrect stating that the complainant has not approached the court with clean hands. That the complaint filed by the complainant cannot be entertained being hit by delay and latches.
4. I have heard the ld counsels for parties and perused the judicial file carefully.
5. It is undisputed that the complainant is the legally wedded wife of the respondent. Allegations and counter allegations have been levelled by the parties against each other which can be decided only after leading evidence. At this stage, the court has to take a prima facie view of the case.
6. It is well settled law that the husband is legally and morally duty bound to maintain his wife. Both the complainant and the respondent are working. Complainant is working as a teacher in Birla Vidhya Niketan School and is drawing a salary of Rs. 59,081/ whereas the respondent is working with HBSC Electronic Data Processing India Pvt. Ltd as Assistant Manager, Finance Operations and drawing a salary of Rs. 19081 per month. To my mind, complainant is drawing sufficiently enough to maintain herself however she is totally dependent upon her parents as far as residence is concerned. Parents of complainant, are residing in LIG Flat and she can CC no. 712/03 Page no. 2 Shweta Sachdeva Vs Vikash Sachdeva no more be accommodated in the same house as her brother is of marriageable age. As per the provisions of D.V. Act, she is entitled to same level of accommodation which she was enjoying at the time she was residing with the respondent in the shared household. Complainant and respondent both were residing in the house of father of respondent which is the exclusive property of the father. Moreover, respondent has now shifted as paying guest and is paying Rs. 7,000/ per month as rent. In these circumstance, keeping in view the income of both the parties as well as facts and circumstances, respondent is directed to pay monthly rent of Rs. 10,000/ per month for the alternate accommodation.
Application is disposed off accordingly.
7. Nothing herein shall tantamount to my expressions on the merits of the case.
8. Now to come up for payment report / CE for 17.04.2012. Complainant is directed to file her evidentiary affidavits within two weeks with one advance copy to the opposite party/counsel.
Announced in (POOJA TALWAR) open Court on 14.02.2012 Mahila Court/MM/SED/Saket/ND/14/02/2012 CC no. 712/03 Page no. 3