RICHPAL Vs. SMT.VIDHYA DEVI

JUDGEMENT

(1.) The instant criminal revision petition under Sec. 397/401 Crimial P.C. is directed against the order dated 24.2.2009 passed by Additional Sessions Judge (Fast Track), Anoopgarh, Headquarter Suratgarh (for short, "the Appellate Court" hereinafter) whereby the appeal filed by the petitioner against the order dated 3.9.2008 passed by Additional Chief Judicial Magistrate, Suratgarh (for short, "the trial Court" hereinafter), was dismissed.

(2.) I have heard learned counsel for the parties. Carefully gone through the orders passed by both the courts below as also record of the trial court.

(3.) The non-petitioner-Smt.Vidhya Devi who is legally wedded wife of the petitioner filed a petition under Sec. 23 of the Protection of Women from Domestic Violence Act, 2005 (for short, "the Act of 2005" hereinafter) before the trial court. Along with the petition, an application seeking interim monthly allowance of maintenance has also been filed. The trial court by order dated 3.9.2008 granted interim monthly allowance of maintenance at the rate of Rs.1000.00 per month in favour of the non-petitioner. From the perusal of the orders impugned, in my view, both the courts below were justified in passing the orders impugned. I do not find any error or illegality in the orders impugned warranting interference in revisional jurisdiction.