HASINA KHATOON Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Akshay Kumar, learned counsel for applicant and learned A.G.A. for the State of UP. Perused the record.

(2.) Extraordinary powers of this Court is being invoked by the applicant u/s 482 Cr.P.C. to quash order dtd. 23/1/2023 passed by the Civil Judge (Junior Division)/F.T.C. (Crime against Women), Moradabad in Execution Case No.697 of 2022 (Smt. Hasina Khatoon vs. Ahmad @ Ramzani) u/s 31 of the Domestic Violence Act, 2005, arising out of Case No.10095 of 2017 (Hasina Khatoon vs. Ahmad Ali) u/s 12 of the Domestic Violence Act by which the court below has rejected the claim of applicant for maintenance amount of Rs.2.64 lacs on the ground that the opposite party no.2 has undergone an imprisonment of one month, and thus, the balance amount cannot be claimed from the opposite party no.2.

(3.) Before coming to the actual legal aspect of the issue, it is imperative to spell out the bare skeleton facts of the case to appreciate the controversy in its correct perspective.