Rashmi Amit Mahajan vs Amit Mahajan
2021 Latest Caselaw 10020 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 489/2020

Rashmi Amit Mahajan W/o Shri Amit Mahajan, Aged About 45

Years, By Caste Mahajan, Resident Of 23 B, Bheru Vilas, Air

Force Area, Jodhpur (Rajasthan).

----Petitioner Versus

1. Amit Mahajan S/o Shri Yashpal Mahajan, Resident Of Flat

No. 501, A Wing, Meru Towers, Jam Jamshed Road,

Matunga (West) Mumbai.

2. Yashpal Mahajan S/o Shri Nandlal Mahajan, Resident Of

Flat No. 502, Sukhsagar Co-Operative Housing Society

Ltd., Plot No. 227, Matunga (West), Mumbai.

3. Anup Mahajan S/o Shri Yashpal Mahajan, Address-

Quality Marine Services Pvt. Ltd., 4B, Timber Market

Occupant Society, Signal Hill Venue Road, Mumbai.

4. Smt. Vijay Laxmi Mahajan W/o Shri Yashpal Mahajan, Flat

No. 502, Sukhsagar Co-Operative Housing Society Ltd.,

Plot No. 227, Matunga (West), Mumbai.

----Respondents

For Petitioner(s) : Mr. Himanshu Maheshwari For Respondent(s) : Mr. D.N. Yadav (through VC)

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

05/07/2021

The instant revision petition has been preferred by the

petitioner Rashmi Amit Mahajan against the order dated

24.12.2019 passed by learned Addl. Sessions Judge, Women

Atrocities Cases, Jodhpur Metro, Jodhpur, whereby while

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exercising appellate powers under Section 29 of the Domestic

Violence Act, the learned appellate court accepted the appeal of

the private respondents and rejected the appeal of the petitioner

herein against the order dated 19.03.2019 passed by Addl. Chief

Metropolitan Magistrate No.5, Jodhpur Metro, Jodhpur in Criminal

Regular Case No.348/2018, whereby interim monetary relief to

the tune of Rs.1,50,000/- per month was awarded to the

petitioner herein. The learned appellate court, accepted the

appeals of the respondents, set aside the impugned order and

remanded the matter back to the court below directing that the

documents submitted on record of the appeal by the respondent

Amit Mahajan shall be taken on record by the trial court and a

fresh order shall be passed under Section 29 of the Domestic

Violence Act after hearing the parties.

I have given my thoughtful consideration to the submissions

advanced by Shri Maheshwari, learned counsel representing the

petitioner and Shri D.N. Yadav, learned counsel representing the

respondents and have gone through the orders passed by the

court below.

Suffice it to say that the petitioner has specifically alleged

that her husband, the respondent Amit Mahajan is working at

Singapore and draws a handsome salary from his employer.

Ample opportunity was given by the trial court to the respondents

to file reply to the application for interim monetary relief and after

examining the documents filed on record, the pleadings of the

parties, the order dated 19.03.2019 came to be passed. However,

in appeal, the respondent Amit Mahajan claimed that certain

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documents which were required to be considered for a just and

fair decision of the matter could not be brought to the notice of

the trial court and hence, the same should be taken on record of

the appeal and the appeal should be decided after considering

these documents.

Suffice it to say that the documents submitted on record of

the appeal by the respondent Amit Mahajan could easily have

been omitted from consideration on the ground that the same

were not filed in the court below despite ample opportunity being

provided for this purpose. Hence, there was no occasion for the

appellate court to direct that these documents be taken on record

at the belated stage of the appeal more so when the order dated

19.03.2019 was only in reference to the interim monetary relief

application under Section 23 of the Domestic Violence Act and the

final application under Section 12 of the Domestic Violence Act

was yet to be decided.

In wake of the discussion made herein above, this Court

feels that the ends of justice can be subserved by directing that

the documents filed on record of the appeal by the respondent

Amit Mahajan shall be taken into consideration by the trial court

subject to the condition that he makes payment of interim

monetary relief to the tune of Rs.1,00,000/- per month to the

petitioner till fresh decision of the application under Section 23 of

the Domestic Violence Act. Accordingly, it is hereby directed that

the respondent Amit Mahajan shall make payment in the sum of

Rs.1,00,000/- per month by way of interim monetary relief to the

petitioner Rashmi Mahajan w.e.f. 19.03.2019. The arrears shall be

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cleared of within 60 days from today. The documents filed on

record of the appeal by Shri Amit Mahajan shall be objectively

considered by the learned Magistrate and a fresh order shall be

passed for concluding the application under Section 23 of the

Domestic Violence Act. It is further directed that the main

proceedings under the Domestic Violence Act shall be decided by

the learned Magistrate within a period of six months from today.

Any effort made by the parties to delay the proceedings shall be

deterred.

The revision petition is disposed of in these terms.

(SANDEEP MEHTA),J 9-Sudhir Asopa/-

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