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2021 (1) TMI 1315 - HC - Indian LawsClaim of interim maintenance under Section 23 of the Domestic Violence Act - HELD THAT:- The scope of interference in a revision petition is extremely narrow. It is well settled that Section 397 CrPC gives the High Courts or the Sessions Courts jurisdiction to consider the correctness, legality or propriety of any finding inter se an order and as to the regularity of the proceedings of any inferior 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. The object of Section 397 CrPC is to settle a patent defect or an error in exercising jurisdiction or if the order is perverse and no court would come to such a conclusion. The orders have been passed in an application for interim maintenance under the Domestic Violence Act. Matrimonial proceedings are still pending between the parties. The findings of the learned Metropolitan Magistrate as upheld by the learned Sessions Court is that the petitioner was not providing adequate maintenance to the respondent and since the adequate maintenance was not being paid, the petitioner was directed to pay a sum of Rs. 1,00,000/- towards maintenance. The Company which was being run by the petitioner did not release her salary. The respondent had to move the court and fight for getting her legitimate salary. It is not in dispute that Mobisoft Telesolutions Pvt. Ltd. company was being run by the petitioner. After denying the respondent her salary, the petitioner is now trying to take advantage of his own wrong by stating that now since the respondent has got her salary and therefore, the order of maintenance should be modified. Even though the company is distinct from the petitioner but the company is being run by the petitioner and it can be assumed that the salary was not being paid to the respondent only at the instance of the petitioner. This court does not want to substitute its own conclusion to the one arrived at by the court below. It is open to the petitioner to raise all these contentions in the matrimonial proceedings pending between the husband and wife while deciding the issue of grant of alimony under Section 25 of the Hindu Marriage Act. Petition dismissed.
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