Mandeep vs Kavita : 2016 (1) DMC 6B(CN) : 2016 (9) LRC 137 : 2015 LRC Online 838 (P&H)
Section 125-Grant of Maintenance-Revision-Interim Order passed by court under section 12 of the Domestic Violence Act cannot have over-riding effect over the order passed by the Family court after leading the evidence-petitioner is an able bodied person and has got moral and legal obligation to maintain his wife-Amount of maintenance reduced as sufficient evidence regarding income of petitioner has not been produced-petition allowed in part.
Held : The order passed by the competent Court exercising the powers under Section 12 of Protection of Women from Domestic Violence Act, 2005 appears to be a cryptic order whereas the order passed by the Family Court is a detailed order taking into consideration the evidence produced before it. Interim order passed by the Court under Section 12 of Protection of Women from Domestic Violence Act cannot have over-riding effect over the order passed by the Family Court after leading the evidence.
It has been brought to my notice that respondent-wife had made a statement on 06.01.2015 before the Family Court that she reserves her right regarding maintenance subject to final decision of the present revision petition. Copy of the order has been made available by counsel for the petitioner.
In view of the totality of above said circumstances, I am of the opinion that maintenance @ Rs.5,000/- per month w.e.f. date of application CRR (F)- 19-2013 (O&M) -3- would be reasonable and just to the respondent as sufficient evidence regarding the income of the petitioner had not been produced. The petitioner present in the Court is an able bodied person and has got moral and legal obligation to maintain his wife. The statutory right of the wife cannot be defeated by the order passed mentioned hereinabove.