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Judgment
6 paragraphs · 337 wordsManoj K. Tiwari, J
This is husband's application under Section 482 Cr.P.C. against the order dated 12.05.2014 passed by learned Additional Civil Judge (J.D.)/Additional Judicial Magistrate, Khatima in Criminal Complaint Case No. 1979 of 2011, whereby a sum of Rs.5,000/- per month was awarded as interim maintenance in favour of respondent No. 2 (wife). Applicant has also challenged the judgment and order dated 27.11.2014 passed by learned 2nd Additional Sessions Judge, Udham Singh Nagar in Criminal Appeal No. 165 of 2014.
It transpires that respondent No. 2 filed an application claiming Rs.30,000/- per month as interim maintenance from her husband. Learned Additional Civil Judge (J.D.)/Additional Judicial Magistrate, Khatima, after hearing both the parties, awarded Rs.5,000/- per month as interim maintenance to her vide order dated 12.05.2014, passed under Section 23 of Protection of Women from Domestic Violence Act, 2005.
Feeling aggrieved by order passed by learned Additional Civil Judge (J.D.)/Additional Judicial Magistrate, Khatima, applicant (husband) filed Criminal Appeal No. 165 of 2014 with the contention that the amount awarded as maintenance is exorbitant and he is not in a position to pay Rs.5,000/- as interim maintenance. The said appeal was dismissed by learned Appellate Court vide judgment and order dated 27.11.2014. Thus, feeling aggrieved, applicant has approached this Court.
Perusal of the orders passed by learned courts below reveals that cogent reasons have been given for awarding interim maintenance of Rs.5,000/- to the wife. All relevant aspects including the social and financial status of the parties and the paying capacity of the applicant have been duly considered by learned courts below. This Court does not find any illegality or perversity in the judgment and orders passed by learned courts below. Even otherwise also, a sum of Rs.5,000/-, awarded to the wife, for maintaining herself and her daughter, can not be said to be exorbitant. Thus, this Court does not find any reason to interfere with the orders impugned in this application.
Accordingly, criminal miscellaneous application is dismissed. No order as to costs.