Kaveri vs Neel Sagar & Anr.
2010 Latest Caselaw 4918 Del

$~19
            *        IN THE HIGH COURT OF DELHI AT NEW DELHI


+      CRL.MC No. 3325/2010


       KAVERI                                                           ..... Petitioner
                                Through Ms. Uma, Advocate

                       versus


       Neel Sagar & Anr.                                                 ..... Respondents



       CORAM:
       JUSTICE SHIV NARAYAN DHINGRA


                O R D E R (ORAL)

% 25.10.2010

By the present petition under Article 227 of the Constitution of India read

with Section 482 Cr.P.C. the petitioner has assailed an order dated 25th May, 2010

whereby appeal filed by the petitioner against an order dated 28th August, 2009 of

learned MM was dismissed.

The relevant facts show that the petitioner had filed an application under

Section 23 of Protection of Women from Domestic Violence Act seeking restraint order

against the respondents and seeking direction to provide her residential accommodation

and to pay sum of Rs.15000/- pm as interim maintenance. The respondents in this case

were mother and brothers of the petitioner. The petitioner is an employed woman, has

been working with Indian Airlines in store department and living separately from her

brothers and mother admittedly since 2002; although the respondents alleged that she

was living separately since 1999. Both the Courts below had come to the conclusion

that interim relief either of separate residence or claiming amount from brothers or mother could not be granted in her favour under the Protection of Women from Domestic

Violence Act since it was not the claim of the petitioner that she was not able to maintain

herself rather she had claimed she had spent Rs.1 lac in construction of first floor of the

house where respondents no. 1 & 2 were residing. The Courts below came to the

conclusion that petitioner being employed and living separate and being a major having

her own independent source of income was not entitled to relief. The facts that the

petitioner is employed and has been living separate and leading an independent life are

undisputed facts. I find no ground to interfere with the orders of the Courts below in

petition under Article 227 of the Constitution of India. The petition is hereby dismissed.

SHIV NARAYAN DHINGRA,J OCTOBER 25, 2010 acm