AVIRAL JAIN Vs. STATE OF U P & ANOTHER
LAWS(ALL)-2017-5-512
HIGH COURT OF ALLAHABAD
Decided on May 19,2017

Aviral Jain Appellant
VERSUS
State Of U P And Another Respondents

JUDGEMENT

Mahendra Dayal, J. - (1.) The revisionist has field this revision against the order dated 12.4.20-16, passed by Additional District & Sessions Judge, Court No.14, Lucknow, dismissing his appeal filed under Section 29 of Domestic Violence Act against the order dated 26.10.2015 passed by the Additional CJM, Court No.29, Lucknow, in Complaint Case No. 6712 of 2014.
(2.) The brief facts giving rise to this revision are that the revisionist was married to opposite party no.2 but when their relations became strained, the opposite party no.2 filed a complaint under Section 12 of the Domestic Violence Act against the revisionist which was initially dismissed under Section 203 of the Code of Criminal Procedure on 2.4.2014. After dismissal of the complaint, the opposite party no2. filed a second complaint under Section 12 of the Act. In the second complaint, the learned Magistrate without seeking report of the District Probation Officer, passed the impugned order. The learned Magistrate by the impugned order has directed the revisionist to pay a sum of Rs. 4,000/- per month as interim maintenance. It was also provided that in case the objection is filed by the revisionist and any new ground is brought to the notice of the Court, the order could be modified accordingly.
(3.) The revisionist feeling aggrieved by the aforesaid order dated 26.10.2015, preferred an appeal as provided under Section 29 of the Domestic Violence Act which was also dismissed, vide judgement and order dated 12.4.2016.;


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