Court No. - 44
Case :- CRIMINAL REVISION No. - 2390 of 2018 Revisionist :- Mursheed Ali Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Vivek Shukla,Om Prakash Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vivek Shukla, learned counsel for the revisionist and learned Additional Government Advocate for the State.
The present criminal revision under Section 397/401 Cr.P.C. has been filed challenging the judgment and order dated 9th May, 2018 passed by the Additional Sessions Judge, Court No.13, Meerut in Criminal Appeal No. 17 of 2018 (Mursheed Ali vs. State of U.P. & Another), whereby the appellate court has dismissed the aforesaid appeal filed by the revisionist challenging the order dated 8th December, 2017 passed by the Additional Chief Metropolitan Magistrate, Court No.4, Meerut in Case No. 2448 of 2017 (Shabnam vs. Khursheed & Others), under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "Act, 2005"), whereby the application under Section 23 of the Act, 2005 filed by the opposite party no.2 Smt. Shabnam has been allowed.
Learned counsel for the revisionist submits with vehemence that the amount of interim maintenance awarded by the Magistrate to the tune of Rs. 3,500/- for opposite party no.2 is highly excessive.
Admittedly, the interim compensation has been awarded by the Magistrate as affirmed by the appellate court to the legally wedded wife of the revisionist. Therefore, the ground urged on behalf of the revisionist before this Court is wholly misconceived. Apart from the above, the Court finds that the case filed by the opposite party no.2 is still to be adjudicated on merits and the arrangements so made is an interim arrangement and subject to the outcome of the final decision of the case pending before the trial court.
It is also an undisputed fact that opposite party no.2 continues to be the legally wedded wife of the revisionist.
In view of the facts and circumstances, as noted herein above, no illegality was committed by the courts below in awarding the interim maintenance to the legally wedded wife of the revisionist. According to the Court, in these hard days, the amount so awarded by the courts below as interim compensation is too meagre an amount for a woman to maintain herself.
For all the reasons given herein above, the present criminal revision fails and is accordingly dismissed.
(Rajeev Misra, J.) Order Date :- 26.7.2018 Sushil/-