Court No. - 72
Case :- APPLICATION U/S 482 No. - 28958 of 2019 Applicant :- Shiva Kant @ Tota And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Jitendra Kumar, learned counsel for the applicants and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 01.05.2019 passed by Chief Judicial Magistrate Kaushambi in Complaint No. 1686 of 2018 (Gamla Devi Vs. Shiva Kant @ Tota and others), under Sections 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act), whereby maintenance amounting to Rs. 6,000/- per month has beeb awarded to the opposite party no.2-wife.
The order impugned in the present application is appealable order under Section 29 of the Act. Appropriate remedy lies with the applicants to file appeal before the District/Sessions Judge.
In view of the above, present application is rejected on the ground of availability of statutory remedy to the applicants.
Office is directed to return the certified copy of the impugned order to learned counsel for the applicants after retaining the xerox copy of the same on record.
Order Date :- 26.7.2019 Noman