VIRENDRA KUMAR KUSHWAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Raj Kumar Kesari, learned counsel for the applicants, Sri Prashant Dwivedi, learned counsel for the opposite party no.2 as well as learned AGA for the State.

(2.) The applicants have invoked the inherent jurisdiction of this Court assailing the impugned summoning order dtd. 5/4/2021 passed by the learned Civil Judge (Sr. Division), Kaushambi and order dtd. 3/12/2022 passed by the learned Civil Judge (Sr. Division)/ FTC/ ACJM Kaushambi under Sec. 23 of Protection of Women from Domestic Violence Act, 2005 (in brevity D.V.Act) in Complaint Case No. 369 of 2021 (Ritu Kumari Vs. Virendra Kushwaha and Ors.) under Sec. 12 of the D.V. Act.

(3.) Facts culled out from the avertments made in the instant application are that marriage of respondent no.2 was solemnized with applicant no.1 in the year 2019. It appears that owing to matrimonial bickering, respondent no.2 has moved a complaint dtd. 24/3/2021 against her husband and in-laws (mother-in-law, father-in-law and two sisters-in-law) under Sec. 12 of D.V. Act. The learned trial court, vide order dtd. 5/4/2021, has issued summons against the present applicants and directed the Probation/Protection Officer for submitting his report. In pursuance of the order dtd. 5/4/2021, the Probation/Protection Officer has submitted inquiry report/formal incident report dtd. 16/11/2021 in Form-I as required under Rule (5) of Domestic Violence Rules 2006. District Probation Officer in his report dtd. 16/11/2022 has mentioned the statements of complainant, husband, mother-in-law and father-in-law. During pendency of proceeding under Sec. 12 of D.V. Act, learned court has passed an ex-parte order dtd. 3/12/2022 under Sec. 23 of D.V. Act granting interim maintenance to the tune of Rs.3000.00 per mensem in favour the respondent no.2 (wife). Having been aggrieved, instant application has been filed assailing the order of interim maintenance dtd. 3/12/2022 and the summoning order dtd. 5/4/2021.