This appeal is preferred by the appellants challenging
the order passed by the learned Metropolitan
Magistrate, Traffic Court-V, Bengaluru in
Crl.Misc.No.44/2021, dated:14.11.2024 on I.A.No.6 and
prayed to set aside the order and such other reliefs.
2. The appellants herein were the respondent Nos.1
to 3 and respondent was the petitioner before the trial
court. For the sake of convenience, parties would be
referred to by the ranks they were assigned before the
trial court.
3. Brief facts of the case of the petitioner are
as under:
The marriage of the petitioner and respondent No.1
was solemnized on 2.11.2017 as per Hindu Rites,
customs and ceremonies. The respondent Nos.2 and 3
are father and sister of respondent No.1. The petitioner
had filed a petition under PWDV Act against the
Crl.Appeal No.1947/2024
respondents praying for various reliefs under PWDV Act
for the alleged domestic violence by the respondents.
During the pendency of the case, the petitioner/wife
had filed I.A.No.1 for interim maintenance along with
the main petition on 10.03.2021. Almost 3½ years of
filing the I.A.No.1, the learned Magistrate has passed an
order on 23.08.2024 directing the appellant
No.1/husband to pay a sum of Rs.7,000/- per month and
was also made him liable to pay arrears of maintenance
from the date of application i.e., from 10.03.2021.
Being aggrieved by the said order, the appellant
No.1/husband had filed I.A.No.6 under Section 25(2) of
PWDV Act for modification of interim order of
maintenance to waive off the ‘Arrears of Maintenance”