Court No. - 64
Case :- CRIMINAL REVISION No. - 2070 of 2019 Revisionist :- Vikas Yadav @ Vikas Babu And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Aditya Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the material brought on record.
This criminal revision has been preferred against the judgment and order dated 05.04.2019 passed by Sessions Judge, Etawah in Appeal No. 4/2019 (Vikas Yadav and others versus State of U.P. and another) and judgment and order dated 22.11.2017 passed by Additional Chief Judicial Magistrate, Court No.1, Etawah in Complaint Case No. 2355/2016 (Puja Yadav versus Vikas Yadav and others), under Section-12 Domestic Violence Act, Police Station Friends Colony, District Etawah.
Obviously, the claim is that in this case the proceedings under the relevant provisions of the Domestic Violence Act was undertaken at the initiation of opposite party no.2- Smt. Puja Yadav, whereupon, ex-parte order was passed, whereby the revisionists were required to pay Rs.50,000/- in all as a lump-sum amount and Rs. 4,000/- towards maintenance of the opposite party no.2. On appeal being preferred, the ex-parte order was set aside, however, the maintenance amount and the lump-sum amount directed to be paid by the revisionists was sustained and the appellate order became conditional for restoration of the ex-parte order on condition of payment of the aforesaid amount, due to which the revisionists felt annoyed and has preferred this revision before this Court.
Contention is that the revisionist no.1 being unemployed is not in a position to pay the money in question.
Learned A.G.A. intervened and submitted that the conditional order is very much in consonance with the spirit of the Act and the legislative intention with a view to protect the interest of opposite party no.2- the wife of the revisionist no.1.
Considered the aforesaid submission, entirety of the case and also perused both the impugned orders passed by the learned Magistrate as well as by the lower appellate court, the order passed by the lower appellate court dated 05.04.2019 runs in as many as 19 pages, wherein every aspect of the case as well as legal reflections brought before the appellate court have also been given due consideration and a detailed order has been passed discussing all the relevant provisions of the Domestic Violence Act. The order is consistent, just and the same need no interference at this stage.
Resultantly, the instant revision, being devoid of merit, is dismissed.
Learned Magistrate is required to recover the amount in question, if the same is not paid within a month from today.
Order Date :- 30.5.2019 S Rawat