BALDEV SINGH Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) This is husband's application under Sec. 482 Crimial P.C. against the order dated 12.05.2014 passed by learned Additional Civil Judge (J.D.)/Additional Judicial Magistrate, Khatima in Criminal Complaint Case No. 1979 of 2011, whereby a sum of Rs. 5,000.00 per month was awarded as interim maintenance in favour of respondent No. 2 (wife). Applicant has also challenged the judgment and order dated 27.11.2014 passed by learned 2nd Additional Sessions Judge, Udham Singh Nagar in Criminal Appeal No. 165 of 2014.

(2.) It transpires that respondent No. 2 filed an application claiming Rs. 30,000.00 per month as interim maintenance from her husband. Learned Additional Civil Judge (J.D.)/Additional Judicial Magistrate, Khatima, after hearing both the parties, awarded Rs. 5,000.00 per month as interim maintenance to her vide order dated 12.05.2014, passed under Sec. 23 of Protection of Women from Domestic Violence Act, 2005.

(3.) Feeling aggrieved by order passed by learned Additional Civil Judge (J.D.)/Additional Judicial Magistrate, Khatima, applicant (husband) filed Criminal Appeal No. 165 of 2014 with the contention that the amount awarded as maintenance is exorbitant and he is not in a position to pay Rs. 5,000.00 as interim maintenance. The said appeal was dismissed by learned Appellate Court vide judgment and order dated 27.11.2014. Thus, feeling aggrieved, applicant has approached this Court.