SYED MAHZAR ALAM Vs. SHAGUFTA ISMAIL

JUDGEMENT

(1.) This is an application challenging an order dtd. 8/4/2021 passed by the learned Sessions Judge in Criminal Appeal No. 22 of 2021 under Sec. 29 of the Protection of Women from Domestic Violence Act.

(2.) Learned counsel for the petitioner submits as follows. The petitioner is the former husband of the opposite party no. 1. After the disputes arose between the private parties, the petitioner gave talaq to the private opposite party. The minor child is in the custody of the former wife. The wife filed an application under the provisions of the Protection of Women from Domestic Violence Act in 2019. As an interim measure, the learned Magistrate directed that the petitioner is to pay a sum of Rs.15,000.00 per month to the wife and the minor son. The private opposite party had also preferred an appeal against the purported insufficiency of the interim monetary relief award, which is still pending. The present petitioner preferred an appeal against the order passed by the learned Magistrate being Criminal Appeal No. 22 of 2021. By an order dtd. 8/4/2021, the learned appellate court was pleased to admit the criminal appeal and stayed the impugned order subject to the payment of Rs.10,000.00per month by the petitioner to the respondent as interim monetary relief for herself and her minor son. The petitioner submits that he is unable to pay even Rs.10,000.00 per month as maintenance to the wife and the child. Presently, the petitioner is unemployed and is also suffering from mental illness. In view of the same, the amount of interim relief granted by the learned appellate court may be stayed.

(3.) I have heard the submissions of the learned counsel for the petitioner and have perused the revision petition.