LAWS(RAJ)-2019-1-435

AMIR KHAN Vs. STATE OF RAJASTHAN

Decided On January 25, 2019
AMIR KHAN Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Petitioner has preferred these separate revision petitions aggrieved by Judgment and Order dtd. 25/2/2017 passed by Additional Chief Judicial Magistrate No.10, Jaipur Metropolitan, Jaipur, whereby the Court under Sec. 23 of the PWDV Act, (hereinafter referred as the "Act, 2005") has awarded an interim maintenance of Rs.2500.00 per month from the date of filing of application till the disposal of the main case and against the Judgment and Order dtd. 6/1/2018 passed by Additional Sessions Judge, Women Atrocities No.1, Jaipur Metropolitan, Jaipur, whereby the Appellate Court has increased the interim maintenance amount from Rs.2500.00 per month to Rs.5,000.00 per month.

(2.) It is contended by counsel for the petitioner that revision petition is maintainable against an order passed under Sec. 29 of the Protection of Women From Domestic Violence Act.

(3.) Counsel for the petitioner has placed reliance on "Dinesh Kumar Yadav vs. State of U.P. and Ors. AIR 2017 Allahabad 29", where the question referred to the Larger Bench was whether a revision under Sec. 397/401 of the Cr.P.C. is maintainable before the High Court challenging the order passed by the Court of Sessions under Sec. 29 of the Act 2005. Full Bench of Allahabad High Court answered the reference in affirmative.