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TMI Blog2021 (1) TMI 1315X X X X Extracts X X X X X X X X Extracts X X X X ..... in an application titled as Gyatri Mohan v. Taron Mohan & Ors. for claiming interim maintenance under Section 23 of the Domestic Violence Act. 2. Shorn of details, the facts leading to this revision petition are:- a) The marriage of the petitioner and the respondent was solemnised on 15.12.2002 according to Hindu rites and ceremonies. b) After marriage, the respondent/wife was inducted as a whole time Director in the company run by the petitioner/husband, namely, Mobisoft Telesolutions Pvt. Ltd. c) The respondent/wife started living separately claiming that she was deserted by the petitioner on 20.01.2009 after which she filed an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14.05.2011 claiming that the respondent is not entitled to any maintenance from 30.09.2009 to 30.12.2011 for the reason that the respondent is now getting Rs. 2,00,000/- per month as salary from 30.09.2009 to 30.12.2011 as directed by the Company Law Board. i) The learned Metropolitan Magistrate by an order dated 29.07.2013 in CC No. 426/3 rejected the application for modification on the ground that the quantum of maintenance to an estranged wife is decided keeping in mind the standard of life she was used to while living with her husband since marriage. The learned Metropolitan Magistrate observed that in the present case what was assessed was as to whether her earnings alone are sufficient to provide her the same level of comfort which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also noted that after proceedings were initiated between the parties, the income of the petitioner started decreasing and probably it was an attempt made by petitioner to hide his real income. The learned Metropolitan Magistrate therefore rejected the argument of the petitioner that Rs. 2,00,000/- per month being given as salary to the respondent from 30.09.2009 to 30.12.2011 would allow her to maintain the same lifestyle that she was earlier enjoying while living with her husband. 3. The order of learned Metropolitan Magistrate dated 29.07.2013 was challenged in Criminal Appeal No. 204157/2016. The learned Additional Sessions Judge dismissed the appeal holding that on a reading of the order dated 14.05.2011 it cannot be said that the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lusion would be to modify the order of maintenance to hold that the petitioner is not liable to pay maintenance of Rs. 1,00,000/- per month to the respondent from 30.09.2009 to 30.12.2011. 7. On the other hand Mr. Joel, learned counsel for the respondent would state that four courts have upheld the order awarding maintenance of Rs. 1,00,000/-. The order dated 14.05.2011 of the learned Metropolitan Magistrate awarding maintenance of Rs. 1,00,000/- per month has been upheld by the learned Appellate Court by an order dated 04.11.2011. The learned Metropolitan Magistrate has refused to modify the order which has also been upheld by the learned Additional Sessions Judge by the order impugned herein. He would state that in view of this, the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court. It is also well settled that while considering the legality, propriety or correctness of a finding or a conclusion, normally the revising court does not dwell at length upon the facts and evidence of the case. A court in revision considers the material only to satisfy itself about the legality and propriety of the findings, sentence and order and refrains from substituting its own conclusion on an elaborate consideration of evidence. 10. The order dated 14.05.2011 has been upheld in the Appellate Court. The application for modification had been rejected by the learned Metropolitan Magistrate by order dated 29.07.2013 and the same has been upheld by an order dated 28.04.2018, which is under challenge in the present revision petition. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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