Court No. - 85
Case :- CRIMINAL REVISION No. - 3378 of 2021 Revisionist :- Harendra Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent.
Sri Vinay Bhushan, Advocate has submitted that he has filed Vakalatnama on behalf of opposite party Nos.2 & 3 but the same is not on record.
Office to trace out the same and place it on record.
This criminal revision has been filed against the impugned judgment and order dated 02.12.2020 passed by learned Court of Additional Civil Judge (J.D.)/ Judicial Magistrate, court no.2, Muhammadabad, Ghazipur in Criminal case no.30 of 2017 (Smt. Aruna Devi vs. Harendra Yadav), U/s 12, 18, 19, 20 of Domestic Violence Act as well as the order dated 23.03.2021 passed by learned court of additional sessions judge/ FTC II, Ghazipur in criminal appeal no.96 of 2020 (Harendra Yadav vs. State of U.P. and ors), U/s 29 of Domestic Violence Act, P.S.- Baresar, District Ghazipur.
The opposite party initiated a proceeding under Section 12, 18, 19 & 20 of Domestic Violence Act against the applicant and ors before the trial court. She also moved an application for interim maintenance for herself and her minor daughter. The said application was allowed by the trial court vide order dated 02.12.2020 and an interim maintenance of Rs.3000/- per-month was ordered to be paid during the pendency of the proceedings. Aggrieved by this, the revisionist filed a criminal appeal no.96 of 2020 before the appellate court. The appellate court has dismissed the appeal vide order dated 23.03.2021.
Learned counsel for the revisionist mainly contended that the revisionist has no source of income and hence he is unable to pay the interim maintenance allowance. The learned trial court and appellate court have not considered this ground, hence the impugned order are illegal.
It is undisputed that opposite party no.2 is legally wedded wife of revisionist and opposite party no.3 is the daughter of revisionist. The opposite party no.2 has initiated a proceeding of Domestic Violence Act against the revisionist and other persons. The learned trial court has observed that it is the liability of the husband to maintain his wife and daughter and on this ground, has allowed the application and awarded the interim maintenance allowance of Rs.3000/- per month. The learned appellate court finding no merits in the appeal has dismissed it. There is no illegality or infirmity in the order of the learned trial court and the appellate court.
Learned counsel for the revisionist prayed that the revisionist is ready to pay the monthly maintenance allowance of Rs.3000/- as awarded by the trial court. For arrears of the maintenance allowance, the learned counsel prayed that he has no regular source of income, the installments may be fixed for its payment.
As there is no merit in the revision, the same is liable to be dismissed but considering the submissions of the counsel for the revisionist, the revisionist shall pay the arrears of the maintenance in four four quarterly equal installments. The each will be payable in the first week of first month of every quarter starting from January, 2022.
Criminal Revision is dismissed, accordingly.
Order Date :- 20.12.2021 C. MANI Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.12.21 14:30:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad