Court No. - 48
Case :- CRIMINAL REVISION No. - 235 of 2019 Revisionist :- Smt. Niti Gupta Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This revision has been filed with the prayer to enhance the amount of maintenance granted in favour of the revisionist pursuant to the order dated 27.11.2018 passed by the Additional Sessions Judge, Court No. 1, Kanpur Nagar in Criminal Appeal No. 52 of 2018 (Smt. Niti Gupta Vs. State of U. P. and another) under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act).
Heard learned counsel for the revisionist and learned A.G.A..
Learned counsel for the revisionist submits that vide order dated 19.3.2018 concerned Magistrate allowed interim maintenance under Section 23 of the Act fixing Rs. 5,000/- per month to the applicant and Rs. 3,000/- to her child. Appeal was preferred by the applicant herself for enhancement which was allowed vide order dated 27.11.2018 enhancing the interim maintenance granted to the applicant to the applicant to the tune of Rs. 18,000/-. Again Criminal Revision is preferred by the aggrieved party/revisionist for enhancing the interim maintenance granted by the lower appellate court.
Learned A.G.A. opposed the prayer.
Having heard learned counsel for the parties and going through the entire record when application under Section 12 of the Act is still pending, interim maintenance granted to the revisionist may be varied or enhanced at the time of final disposal, thus at this stage, keeping in view the observation recorded by the lower appellate court, grounds taken in the revision are not sufficient to admit the revision. There is no illegality or infirmity in the order passed by the lower appellate court. Revision being devoid of merit is liable to be dismissed.
Revision is dismissed at this stage itself.
Order Date :- 21.1.2019 Sachdeva