Court No. - 64
Case :- APPLICATION U/S 482 No. - 16579 of 2019 Applicant :- Vipin Srivastava And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Learned counsel for the applicant is permitted to delete name of applicant nos.2, 3 and 4 from array of the parties during course of the day.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicant has sought for quashment of the impugned order dated 23.11.2018 passed by the Additional Chief Judicial Magistrate, Shikohabad, Firozabad, in Case No.474 of 2017, Smt. Bandana Srivastava Vs. Vipin Srivastava and others, under Sections 12, 18, 19, 20, 21, 22 of Protection of Women from Domestic Violence Act, Police Station Shikohabad, District Firozabad.
Contention raised on behalf of the applicant is confined to the extent that several litigations are pending between the parties, proceeding under Section 125 Cr.P.C. was also undertaken wherein Rs.2000/- towards maintenance was being given by the applicant to opposite party no.2 who is his wife. Now, opposite party no.2 moved an application under the provisions of Protection of Women from Domestic Violence Act, and obtained ex parte order of maintenance for Rs.5000/- per month to be paid by the applicant. The applicant is now forced to pay Rs.2000/- on one count and Rs.5000/- on the other count which cannot be allowed by any stretch of imagination. Now, the entire family of applicant has been roped in this case by opposite party no.2, whereas the cause of action can be said to be existing only against applicant, husband of opposite party no.2.
Per contra, learned A.G.A. has supported the proceeding and has submitted that if the applicant has got any grievance, he can put the same before the court below which shall be redressed by the court below by passing the appropriate orders.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, no direction is required to be issued by this Court. If the applicant has got any grievance, he may put the same before the court below by moving an application for adjustment of the amount of maintenance awarded by the court below who shall look into and pass appropriate orders in accordance with law.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 26.4.2019 rkg