- (1.) The present application has been filed with the prayer to quash the order dated 3.9.2011 passed by the Additional Chief Judicial Magistrate, Court No.6, Ghaziabad in complaint case no. 4855 of 2010 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short 'the Act') and the orders dated 9.4.2015 and 10.4.2015 passed in case no. 3649 of 2014 passed by the Additional Chief Judicial Magistrate, Court No. 4, Ghaziabad under Section 25(2) of the said Act as also the order dated 10.7.2015 passed by the Additional District and Sessions Judge, Court No.13, Ghaziabad in criminal appeal no. 58 of 2015. Further prayer has been made to stay the effect and operation of the aforesaid orders.
(2.) It appears that the applicant was married with opposite party no.2 in the year 2008. After some time, some dispute arose between the parties, and a complaint under Section 12 of the Act was filed by the opposite party no.2 against her husband (applicant), Jeth and father-in-law. Vide an ex-parte order dated 3.9.2011 passed by the A.C.J.M. Court No.6, Ghaziabad the applicant was directed to pay a sum of Rs. Two Lakhs to the opposite party no.2 within fifteen days from the date of the said order and ensure payment of Rs. 7,000/- per month from his salary. Thereafter, an application under Section 31 of the Act was filed by the opposite party no.2. The applicant filed an application under Section 25(2) of the Act refusing the allegations and praying that the order dated 3.9.2014 be rejected/ rectified. Objection against the application was filed and vide order dated 10.4.2015 the application was rejected and recovery warrant dated 9.4.2015 was issued against the applicant. Against the order dated 10.4.2015 and the Execution case No. 3659 of 2014, the applicant filed appeal before the Sessions Judge, Ghaziabad which was dismissed vide order dated 10.7.2015, hence this application.
(3.) Heard Shri Satyendra Narayan Singh, learned counsel for the applicant and Shri Anurag Upadhya, learned counsel for the opposite party no.2 as well as the learned AGA and perused the entire record.;