- (1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
(2.) The instant application, under Section 482 Cr.P.C., has been filed for setting aside the order dated 16.07.2014 passed by the Additional Chief Judicial Magistrate, Court No.1, Varanasi in Case No.891 of 2013 whereby the learned Magistrate, exercising power under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act), has provided interim maintenance @ Rs.5,000/- p.m. to the opposite party no.2 payable by 10th of each month, with effect from the date of the order. The applicant has also challenged the order dated 08.06.2015 passed by the Additional Sessions Judge, Court No.6, Varanasi in Criminal Appeal No.112 of 2014 by which the appeal of the applicant, under Section 29 of the Act, against the order dated 16.07.2014 has been dismissed.
(3.) The facts which could be elicited from the record are that the opposite party no.2 was married to the applicant on 04.03.2009 and, thereafter, they lived together as husband and wife till the year 2013. According to the applicant, the opposite party no.2 was not mentally sound, therefore, initially, a suit was instituted i.e. 777 of 2011 for declaring the marriage void, which was compromised on 11.12.2011 and the opposite party no.2 was brought back to her matrimonial home. Thereafter, according to the applicant, again relations deteriorated resulting in lodging of FIR by the opposite party no.2 in the month of March 2013 against the applicant and his family members under sections 498-A, 323, 324, 506 IPC and sections 3, 4 D.P. Act at P.S. Shivpur, District Varanasi, in which, upon investigation, charge sheet was submitted though, according to the applicant, the proceedings have been stayed by this court. It is the case of the applicant that being plagued by misbehavior of the opposite party no.2, the applicant instituted a suit for divorce which was decreed ex parte on 23.09.2013. In the meantime, on 23.4.2013, the opposite party no.2 filed application under section 12 of the Act for various reliefs and pending proceeding on the said application, on 14.2.2014, applied under section 23 of the Act for interim protection, on which the impugned orders have been passed.;