Dismissed

Rajat Raghvendra Gupta v. State of Up and and Another

Allahabad HC30 Aug 2024A227/2144/2024

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The High Court dismissed a writ petition challenging orders granting interim maintenance to the wife under the Domestic Violence Act, holding that a husband cannot deny maintenance merely due to unemployment.

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Rajat Raghvendra Gupta vs State of Up and and… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:168829

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 2144 of 2024

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Petitioner :- Rajat Raghvendra Gupta Respondent :- State Of Up And And Another Counsel for Petitioner :- Ishwar Chandra Tyagi,Shiv Poojan Yadav

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Counsel for Respondent :- G.A.,Pramod Kumar Srivastava

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the parties.

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Present petition has been preferred with following prayers:-

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"I. To issue order or direction, set aside the order dated 17.08.2023 passed by learned Additional Session Judge/F.T.C. Court no. 2, Prayagraj in Criminal Appeal no. 40/2023 (Rajat Raghvendra Gupta vs. State of U.P. & others) as well as order dated 03.10.2022 passed by learned Civil Judge, (Junior Division) F.T.C. (Court for offence against women), Court no.21, Allahabad/Prayagraj in Case no. 732 of 2020 (Prashali Gupta vs. Rajat Raghvendra Gupta & others) under Section 23 of the Protection of Woman From Domestic Violence Act, 2005, Police Station Colonalganj, District Allahabad/Prayagraj.

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II. To issue order or direction, stay the entire proceeding of Case No. 732 of 2020 (Prashali Gupta vs. Rajat Raghvendra Gupta & others) under Section 23 of the Protection of Woman From Domestic Violence Act, 2005, Police Station Colonalganj, District Allahabad/Prayagraj pending in the court of learned Civil Judge, (Junior Division) F.T.C. (Court for offence against woman), Court no. 21, Allahabad/Prayagraj."

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Learned counsel for the petitioner submitted that respondent no. 2 filed a false and concocted complaint against the petitioner bearing no. 732 of 2020 (Prashali Gupta vs. Rajat Raghvendra Gupta & others) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before learned Special Judicial Magistrate, Allahabad on 20.08.2020. On the same date, respondent no. 2 also filed an application with affidavit under Section 23(2) of the Protection of Woman from Domestic Violence Act, 2005 for interim maintenance. The learned court below called a report from the Prosecution Officer which was submitted by the Prosecution Officer on dated 18.12.2020. The learned court below relying upon the averments made in the complaint without considering the facts and circumstances, allowed the interim

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maintenance application of respondent no. 2 and fixed interim maintenance of Rs.15,000/- per month vide order dated 03.10.2022.

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Being aggrieved with the order dated 03.10.2022, petitioner filed a criminal appeal under Section 29 of the Protection of Woman From Domestic Violence Act, 2005 bearing no. 1012 of 2022 before learned District & Session Judge, District Allahabad on dated 08.12.2022 which was rejected vide order dated 17.08.2023 passed by learned Additional Sessions Judge/F.T.C., Court no. 2, Prayagraj which has been impugned through the instant petition.

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Learned counsel for the petitioner challenged the impugned order on the ground that petitioner lost his job and as such the impugned order is not sustainable in the eye of law and is liable to be set aside.

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Per contra, learned counsel for the respondents vehemently opposed the prayer sought through the instant petition.

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After hearing the rival submissions extended by learned counsel for the parties and perusing the impugned order, this Court is of the opinion that as per settled propositions of law which has been reiterated by the Hon'ble Apex Court as well as this Court that a husband is bound to provide maintenance to his wife and the same cannot be denied merely on the pretext that the husband is unemployed. The impugned orders clearly reflects that the same has been passed after considering each and every aspect of the matter and there is no illegality or infirmity in the same.

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In view of the aforementioned facts and circumstances, the petition lacks merit and is hereby dismissed accordingly.

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Order Date :- 22.10.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Rajat Raghvendra Gupta v. State of Up and and Another

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Rajat Raghvendra Gupta v. State of Up and and Another

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