IN THE COURT OF LD.
METROPOLITAL MAGISTRATE,
SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI
APPLICATION NO. ________ OF 2024
IN
EX CRL No.: 435/2023
In the matter of:
XYZ …Complainant/Applicant
Versus
ABC ….Respondent
APPLICATION ON BEHALF OF RESPONDENT UNDER SECTION 25 (2)
OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
FOR REVOCATION OF ORDER DATED 03.03.2023 PASSED BY THIS
HON’BLE COURT IN CT CASE BEARING NO. 555 OF 2021 TITLED AS
“XYZ VS ABC.”
Most Respectfully Showeth:
1. That the Complainant preferred an application u/s 12 r/w Section 17,
18, 19, 20, 22 and 23 of the Protection of Women Against Domestic
Violence Act, 2005 with an application for interim maintenance u/s
23 under the said Act on 31.03.2021.
2. That the aforesaid application came up for hearing on 01.04.2021
and finally the Respondent was issued summons and pursuant to
the same, the Respondent filed a detailed reply on 19.12.2022
defying the allegations levelled against the Respondent by the
Complainant. Copy of the reply filed by the Respondent on
19.12.2022 is already on record and is not reproduced for the sake
of brevity.
3. That this Hon’ble Court vide Order dated 03.03.2023 directed the
Respondent to pay an amount of Rs. 39,000/- towards maintenance
of the Complainant and her two minor children (Inclusive of food,
clothing, shelter, education and health) with effect from the date of
filing of the present case till the disposal of the case. Copy of the
interim order dated 03.03.2023 is already on record and hence not
reproduced.
4. That it is a matter of record that the Respondent is maintaining all
the expenses of the Complainant and his children since the date of
lodgement of the complaint and there is no occasion that such
expenses with respect to food, clothing, shelter, education and
health and is in strict compliance of the Order dated 03.03.2023.
Copy of the some of the payments for which receipts are readily
available are placed on record as Annexure R-1 (colly).
5. That the Complainant is presently residing with the Respondent
along with two children of the contesting parties.
6. That it is a matter of record that the bank statements of the
Respondent and various other documents like fee receipts of the
school, medical expenses of the wife clearly exhibits that the
Respondent is taking utmost care of the Complainant and the two
children and hence the interim order dated 03.03.2023 is being well
taken care of.
7. That there is no occasion at the instance of the Complainant that
the expenses for which the maintenance was sought has been
compromised and accordingly, the directions issued in the Order
dated 03.03.2023 are complied with in the light of the judgment of
the Hon’ble Supreme Court of India “Kalyan Dey Chowdhury Vs.
Rita Dey Chowdhary AIR 2017 SC 2383”.
8. That the intention and rationale of the aforesaid Act is that during
any acrimony or dispute between the husband and wife in which the
Spouse is able to demonstrate a case of domestic relationship
subject to domestic violence, interim maintenance is available u/s
23 of the aforesaid Act.
9. That under the peculiar circumstances of the instant case, in which
it is apparent that the Complainant wife and the two children are
being fully taken care of and are residing with the Respondent, it is
apparently clear that the Respondent is in deemed compliance of
the Order dated 03.03.2023.
10. That under the circumstances, the Respondent urges this Hon’ble
Court to kindly keep the Order dated 03.03.2023 is abeyance and
revist the same on the basis of the present information which clearly
shows that all the members of the family including the children are
being fully taken care of by the Respondent.
11.That the Respondent undertakes to abide by the directions of this
Hon’ble Court and ensure that the Complainant and the Children
shall be taken care of.
PRAYER
Therefore, in view of the aforesaid facts and circumstances, it is requested
that the Hon’ble Court may kindly be pleased to:
a. Issue appropriate directions to revoke the Order dated
03.03.2023 passed by this Hon’ble Court;
b. Issue any other Order/direction which this Hon’ble Court may
deem fit or proper in this regard on merits.
It is prayed accordingly
Date: 30.05.2024 Filed by Respondent
Place: New Delhi through
