In a writ petition under Article 227, this court examined the disposal of a writ petition challenging orders under the Domestic Violence Act, 2005. The court found no illegality or infirmity in the lower courts' orders and dismissed the petition.
The writ petition under Article 227 was dismissed, upholding the lower courts' orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70 Case :- MATTERS UNDER ARTICLE 227 No. - 2875 of 2023 Petitioner :- Rita Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Kumar Kushwaha Counsel for Respondent :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Umesh Kumar Kushwaha, learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record.
The instant petition has been filed by petitioner to set aside the orders dated 31.10.2022 passed by Additional Sessions Judge/FTC Court No.2, Deoria in Criminal Appeal No.95 of 2019 as well as order dated 01.10.2019 passed by Judicial Magistrate, Court No.11, Deoria in Complaint Cas No.1589 of 2017 rejecting the application for interim maintenance filed by the petitioner.
Submission of learned counsel for the petitioner is that the applicant was married with one Sailesh Sharma. Later on, the husband of petitioner remarried with some other lady since then she is living in her parietal house. Further submission is that after death of her father, the petitioner has moved complaint against her brother and sister-in-law (bhabhi) claiming one third share of rent of Rs.10000/- as well as two roos for her living, which was dismissed vide oder dated 01.10.2019. Being aggrieved, the petitioner preferred an appeal under Section 29 of Domestic Violence Act, 2005, which was also dismissed vide order dated 31.10.2022. Further submission is that both the courts below have failed to appreciate the evidence available on record as well as provisions of Domestic Violence Act, therefore, the order passed by the court below are illegal, contrary to law, hence the same is liable to be set aside.
After having heard the learned counsel for the petitioner and perused the impugned order as well as material brought on record, I am of the view that the impugned order is based upon relevant consideration and supported by cogent reasons. The impugned order does not suffer from any irregularity, illegality or infirmity requiring any interference by this Court.
The petition fails and is hereby dismissed. The petition is, accordingly, dismissed .
Order Date :- 5.5.2023/Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned orders rejecting interim maintenance and appeal under the Domestic Violence Act suffered from any illegality or infirmity warranting interference in a writ petition under Article
Whether the lower courts failed to appreciate the evidence and provisions of the Domestic Violence Act, 2005.
Rita Sharma
State Of U.P.
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
