fact in her affidavit of income and liabilities filed before the court below pursuant to the judgment of Hon'ble Apex in Rajnesh Vs. Neha, (2021) 2 SCC 324 that she has been receiving Rs.4,500/per month as interim maintenance under Section 12 of Domestic Violence Act, pending before the court of Magistrate in district Kanpur Nagar. The revisionist has been paying at the rate of Rs. 9,000/- per month from the date of judgment to the opposite party. Prior to this, an ex parte judgement was passed against the revisionist by the court below on 10.11.2022 wherein the revisionist was directed to pay Rs. 10,000/- per month to the applicant, however, said judgment was set-aside on the application of the revisionist. The applicant has stated in her evidence as P.W.1 before court below during the cross-examination that as her mother has been suffering from paralysis and her father suffered from heart attack and she is taking care of her parents. This shows that the applicant is living separately from the revisionist out of her own free will and not due to practice of of any sort of matrimonial cruelty practised against her by the revisionist as alleged in the petition. Learned court below has not considered the amount of Rs. 4,500/- per month as awarded under Section 12 of the Domestic Violence Act while passing impugned order. Therefore, the amount award in the impugned order is liable to be reduced slightly in the interest of justice. Revisionist is also paid part of arrears of maintenance awarded in this impugned order.
