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Judgment
V. Jagannathan
This revision petition is disposed of finally after hearing learned Counsel for the parties. The petitioner claiming to be the wife of the respondent herein, filed a petition u/s 12 of the Protection of Women From Domestic Violence Act, 2005 and sought certain reliefs. She also filed an application u/s 23 of the said Act seeking interim maintenance. The trial court dismissed her application and so did the lower appellate court dismissing her appeal.
Learned Counsel for the petitioner submitted that, although the petitioner did not make any claim for accommodation and residence, she however, sought interim maintenance and the courts below could not have dismissed her application filed u/s 23 of the Act.
On the other hand, submission of learned Counsel for the respondent is that, the petitioner had suppressed certain material facts in her petition before the courts below namely that, she is a Government servant working in the Directorate of Economics and Statistics, M.S.Buildings, Bangalore and drawing a salary of Rs. 15,000/- per month and therefore, the courts below were justified in dismissing her petition.
Having thus heard both sides and learned Counsel for the petitioner not disputing the fact of the petitioner being a Government servant working in the office of the Directorate of Economics and Statistics, M.S.Buildings, Bangalore and learned Counsel for the respondent also placing for my perusal the pay slip issued by the Administrative Officer of the Directorate of Economics and Statistics, M.S.Buildings, Bangalore, which revealed that the petitioner is working as Second Division Assistant and gets gross salary of Rs. 13,354/ - in my view, both the courts below were justified in rejecting the petitioner's claim for interim maintenance. By having not approached the that court with clean hands and also having suppressed the fact of she being in Government service, petitioner is therefore not entitled for any interim maintenance, Orders of the courts below are therefore confirmed by dismissing this petition.