High CourtsSingle Bench

Rajnish Kumar vs Smt. Karishma

Uttarakhand High Court · Decided on 11 January 2018 · Citation: (2018) 01 UK CK 0067

HON’BLE JUDGES
Sudhanshu Dhulia
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-482>Section 482</a> - Saving of inherent powers of High Court · <a href=6524>Protection of Women From Domestic Violence Act, 2005</a>, <a href=6524-23>Section 23</a> - Power to grant
RESULT
Dismissed
CASE NUMBER
44 of 2018

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Judgment

11 paragraphs · 196 words
1.

Mr. Prem Prakash Bhatt, Advocate holding brief of Mr. Sanjeev Singh, Advocate for the applicant.

2.

The respondent who is the wife of the present applicant has moved a complaint against the applicant under Section 23 of the Protection of

Women from Domestic Violence Act before the learned Judicial Magistrate, Laksar, Haridwar, in which the learned Magistrate has directed the

applicant to pay an amount of Rs.2,000/- per month to the respondent-wife vide order dated 04.02.2017. Aggrieved by the order dated

04.02.2017, the applicant has preferred an appeal before the learned Additional Session Judge, Laksar, Haridwar, which was also dismissed vide

order dated 18.09.2017. Hence, the present criminal miscellaneous application under Section 482 of CrPC has been filed by the applicant before

this Court.

3.

While fixing the interim maintenance of Rs.2,000/- (Rupees Two Thousand Only) per month, the court below has taken into consideration all the

relevant aspects regarding the income of the applicant. Moreover, the interim maintenance fixed by the trial court does not seem to be on the higher

side. This Court finds absolutely no occasion to interfere in the matter.

4.

Consequently, the application under Section 482 of CrPC is dismissed.