VIKRAM PHOGAT vs SUMAN

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 4th March, 2025 + CRL.M.C. 2839/2019 & CRL.M.A. 15095/2022 VIKRAM PHOGAT .....Petitioner Through: Appearance not given versus SUMAN .....Respondent Through: Mr. V. P. Singh, Mr. Sandeep Chaudhary and Ms. Pooja Malik, Advocates CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023] has been filed on behalf of the petitioner seeking the following reliefs: “It is, therefore, respectfully prayed that this Hon'ble Court may be pleased to call for the records and may be pleased to set aside the impugned judgment dated 11.04.2019 passed by Shri Ajay Kumar Jain, Additional Session Judge-02, South District, Saket, New Delhi, in appeal No CA No- 59/2019 against the order dated 21.01.2019 passed by Ms. Niti Phutela, M.M.(Mahila Court), South District, Saket, New Delhi in C.C. No. 476324/16 Titled; SUMAN Vs. VIKRAM PHOGAT AND Signature Not Verified Digitally Signed By:PRAVEEN KUMAR BABBAR CRL.M.C. 2839/2019 Page 1 of 11 Signing Date:29.03.2025 13:13:10 ORS, awarding the Respondent/wife and minor son an amount of Rs 8,000/- from the date of filing of the petition as maintenance and Rs 2,000 as rent towards in lieu of alternate accommodation since 10.03.2018, in the interest of justice It is also prayed that the Hon'ble Court may be pleased to further dismiss the application of the Respondent filed under Section 23 of the Protection of Women from domestic Violence Act, 2005. Hon'ble Court may grant such other and further relief as deemed fit and proper under the facts and circumstances of the case.” 2. The brief facts that led to th