LAWS(ALL)-2018-1-18

ASHISH GUPTA Vs. STATE OF U.P. AND ANOTHER

Decided On January 12, 2018
ASHISH GUPTA Appellant
V/S
State of U.P. and another Respondents

JUDGEMENT

(1.) This revision has been preferred against the judgement and order dated 4.10.2013 passed by Arun Chandra Srivastava, Additional Sessions Judge, Court No. 7, Ghaziabad whereby Appeal No. 54 of 2011 (Ashish Gupta Vs. Smt. Subeena Gupta and another) was dismissed wherein order dated 14.6.2011 passed by the Additional Chief Judicial Magistrate, Court No. 3 Ghaziabad in Case No. 4695 of 2009 (Smt. Subeena Gupta Vs. Ashish Gupta) challenging the application moved under section 12 of the Protection of Women from Domestic Violence Act , 2005 ( in short the 'Act') and the order under section 23 of the Act was passed for granting interim maintenance of Rs. 15,000/- to opposite party no. 2.

(2.) The facts of the case in brief are as under :

(3.) An application under section 12 of the Act against the revisionist by opposite party no.2 was filed. Application under section 23 of the Act was also moved for interim maintenance. After hearing the parties, the trial court allowed the application and Rs. 15,000/- was allowed as maintenance for opposite party no.2 as well as her children till the disposal of the matter finally. Other directions were also issued by the court that she will not be expelled from the house in which she is living with her children and the payment of electricity bills etc. will also be made by the revisionist and no domestic violence will be done.