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Judgment
Manish Pitale, J
By this application, the Applicant is challenging Order dated 08.09.2021 passed by the Court of Additional Sessions Judge, Mapusa, whereby Appeal filed by the Respondent no.1 under the provisions of the Protection of Women from Domestic Violence Act, 2005, has been allowed. The Applicant has been directed to pay an amount of ₹8,000/- per month towards the maintenance of the child.
The Applicant has contended in the present application that he has a small business of repairing UPS and batteries and allied products and that his monthly earning ranges between ₹8,000/- to ₹10,000/- and that therefore the direction given in the impugned order is onerous. It is further contended by the learned Counsel appearing for the Applicant that even on merits, the Sessions Court was not justified in allowing the Appeal.
In view of the above, issue notice for final disposal returnable on 12.01.2022.
Mr. G. Nagvenkar, learned Additional Public Prosecutor, waives notice on behalf of Respondent no.2.
In the meanwhile, there shall be an ad-interim stay of the impugned order till the next date, subject to the Applicant making payment of ₹3,000/- per month before the 5th day of each month to the child.