ADARSH KUMAR DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.S.Shukla, learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

(2.) This writ petition has been filed with a prayer to set aside the order dated 30.11.2017 passed by Additional Chief Judicial Magistrate, Court No.9, Allahabad in Complaint case No.2234 of 2016 (Sonam Dwivedi v. Adarsh Dwivedi) under Section 23 of Domestic Violence Act whereby Rs. 3,000/- as interim maintenance awarded against the petitioner and the order dated 19.12.2018 passed by the Additional District/ Session Judge, FTC Court No.20, Allahabad in Criminal Appeal No.260 of 2017 whereby Rs.2,500/- as interim maintenance awarded against the petitioner under Domestic Violence Act.

(3.) The brief facts of the case are that opposite party No.2 filed a complaint Case No.2234 of 2016 under section 12 of Domestic Violence Act alleging therein that marriage took place on 06.12.2011 between the complainant/O.P.No.2 and petitioner No.1. and due to non fulfilment of demand of dowry she was harassed physically and mentally and subsequently she was left out from her matrimonial house, which was referred before the District Probation officer Allahabad, who enquired the matter and submitted its report that petitioner is ready to keep his wife, but she is not ready to live with him, but the Additional Chief Judicial Magistrate did not consider the report of District Probation Officer as well as objection raised by petitioner and awarded Rs.3000/- per month as interim maintenance vide order dated 30.11.2017. Aggrieved by the same, petitioner filed an appeal being Appeal No.260 of 2017 under Section 29 D.V. Act before the learned District Judge, which was allowed in part whereby interim maintenance amount has been reduced as Rs.2,500/- in place of Rs.3,000/- vide order dated 19.12.2018. Hence the present writ petition.