appellant since he had
failed to argue on interim maintenance application of the complainant
(respondent herein) despite being granted last and final opportunity.
Thereafter ... appellant was given one opportunity to argue on the
interim maintenance application and for crossexamination of CW1
subject to cost
Metropolitan
Magistrate could not have heard the arguments on the interim
maintenance application. More so, the Income Affidavit of the
Respondent/Complainant was also ... main petition under Section
12 and to the interim maintenance application under Section 23 of the
D. V. Act dated 16.09.2019 had been filed
that the complainant has not amended the complaint
or the application for seeking interim maintenance incorporating the
factum of birth of child after filing ... that:
21. An application under Section 23(1) of the D.V. Act is an
application for fixing interim maintenance. Interim maintenance
is fixed
interim maintenance of Rs 35000/ towards children
however the application of maintenance and the pleadings are still pending,
and matter was listed ... fresh
income affidavit despite opportunity which is material for deciding the
maintenance application. The complainant already left India on 24.08.2017
and it do not appear
filed copy of order dated
09.05.2018 of Ld. Family Court dismissing maintenance application of
complainant'. Ld. Trial Court has further observed that 'since ... that:
21. An application under Section 23(1) of the D.V. Act is
an application for fixing interim maintenance. Interim
maintenance is fixed
Mohit Kamra & Anr.,
whereby Ld. Trial Court has allowed the maintenance application of the
complainant/wife and has directed the appellant ... required.
4. Perusal of trial court record reveals that the maintenance
application of the respondent no.1/complainant has been disposed of by
Ld. Trial
Mohit Kamra & Anr., whereby Ld. Trial Court has
allowed the maintenance application of the complainant/wife and has
directed the appellant ... required.
4. Perusal of trial court record reveals that the maintenance
application of the appellants/complainants has been disposed
opposite party and
matter was fixed for hearing on interim maintenance application for
11.05.2017. On the said date, written statement along with income
affidavit ... paid by this court as an interim measure, while
deciding application for interim maintenance or even otherwise. In other
words, ld. Trial Court shall assess
Khurana Gulati v. Ankit Gulati & Ors. Page 2 of 7
maintenance application of the appellant/complainant was dismissed on
the grounds that appellant/complainant ... averred that Ld. Trial Court has rightly disposed of the interim
maintenance application of the complainant/appellant after considering
the affidavits of Assets and Income
filed
by respondent cannot be taken into account. Even had application
for interim maintenance being decided on merits, it was proper to
Page ... relevant documents as filed by respective parties with
regard to interim maintenance application if filed by respondent.
17. Appeal file be consigned to record room
