DINESH KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vikas Srivastava, learned counsel appearing for the revisionist and the learned AGA appearing for the State.

(2.) The present criminal revision assails the ex parte order dtd. 1/3/2023 passed by the learned Civil Judge (Junior Division), Fast Track Court, whereby the application filed under Sec. 23 of the Protection of Women from Domestic Violence Act, 2005 was allowed and the revisionist was directed to pay a sum of Rs.4,000.00 per month to his wife, opposite party No.2, as interim maintenance from the date of the order. The revisionist further challenges the judgment and order dtd. 3/10/2023 whereby the recall application preferred by the revisionist against the ex parte order was rejected, as well as the order dtd. 16/7/2025 passed by the learned Additional Sessions Judge dismissing Criminal Appeal No. 207 of 2023 preferred by the revisionist.

(3.) The brief facts giving rise to the present revision are that the marriage of the revisionist with opposite party No.2 was solemnized on 23/2/2014 according to Hindu rites and customs. From the said wedlock, two children, namely Kumari Himanshi and Asharv, were born. The opposite party No.2 instituted proceedings under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act') and moved an application under Sec. 23 of the Act seeking grant of interim maintenance during pendency of the proceedings. The revisionist did not appear before the court despite service, and a Domestic Incident Report was also placed on record.