Court No. - 48
Case :- CRIMINAL REVISION No. - 631 of 2018 Revisionist :- Mohd Shawez Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
The instant criminal revision has been filed seeking the quashing of impugned judgment and order dated 22.1.2018 passed by Additional Sessions Court No.12, Bareilly in Criminal Appeal No.83 of 2017 whereby the judgment and order dated 18.5.2017 passed by the Additional Chief Judicial Magistrate in Misc. Case No.1 of 2016 under Section 18, 19, 20, 21, 22 of Protection of Women from Domestic Violence Act, P. S. Baradari, District-Bareilly granting interim maintenance of Rs.5000/- to O. P. no.2 has been affirmed and maintained.
Heard applicants' counsel as well as learned A.G.A. and perused the record.
Counsel for the applicant has not been able to point out any such illegality or impropriety in the impugned order, which may persuade this Court to interfere in the same. Submission is that the orders lack judicial application of mind The amount of Rs.5000/- as an interim maintenance cannot be said to be either excessive or disproportionate in the present days of price rise. Moreover, the amount is only an amount of interim relief while final adjudication has yet to be done on the basis of evidence and material that may be produced during the proceedings. This Court does not see any good reason to interfere with the judicial discretion that has been exercised in the matter. There is no element of perversity reflected in the orders.
The revision lacks merit and is, accordingly, dismissed.
Order Date :- 23.2.2018
Manish Himwan