Abhishek Moses Richard Vs State of U.P. and Another

This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 02.07.2025 passed by the learned Additional District & Sessions Judge, Court No. 11, Bareilly in Criminal Appeal No. 71 of 2024 (Abhishek Moses Richard Vs. Priyanka Singh), under Section 29 Protection of Women from Domestic Violence Act and order dated 15.06.2024 passed by Additional Civil Judge (Junior Division)-2/Judicial Magistrate Bareilly in Case No. 625/23/22 (Priyanka Singh Vs. Abhishek Moses Richard) under Section 23 Protection of Women From Domestic Violence Act.

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It is submitted by the revisionist that in this case, the marriage between the parties was performed in the year 2020. From the onset of marriage she started misbehaving with the revisionist and other members of his family and she started living separate from him without any sufficient cause from the year 2021 and filed several cases with false allegations against him and also lodged an F.I.R. She filed a case under Section 125 Cr.P.C. which was rejected. She filed a complaint under Section 12 Protection of Women From Domestic Violence Act with an application for interim maintenance under Section 23 of the Act. The learned Magistrate passed the order dated 15.06.2024 fixing the amount of interim maintenance Rs. 5000/- per month without considering the aforesaid facts. He filed an appeal against the order dated 15.6.2024 which was also dismissed by the learned Court of Sessions vide order dated 02.07.2025 illegally, therefore, request to set aside the order passed by learned Court on 15.06.2024 and order passed by learned Session Judge on 2.7.2025 in appeal.

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Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, a case under Section 23 Protection of Women from Domestic Violence Act was filed. The learned Magistrate is empowered to pass an order for interim maintenance in favour of wife even ex-parte. The revisionist was given an opportunity of filing objection which

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CRLR No. 5178 of 2025

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was taken into consideration by the learned court while passing the order in question. There is no any source of regular income of the wife/opposite party no. 2 shown before the learned court. She is not able to maintain herself that was the reason the amount of interim maintenance Rs. 5000/- per month was awarded in view of income of the revisionist. The learned appellate court has also considered this fact and rejected the appeal.

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On considering the facts and circumstances of the case, submissions made by the revisionist as well as learned A.G.A. perusal of record and orders passed by learned Magistrate dated 15.6.2024 and by learned appellate court dated 02.07.2025, it appears that the revisionist and opposite party are husband and wife and the wife has made complaint under Section 12 Protection of Women from Domestic Violence Act, making several allegations against him, though he has stated those allegations to be false. An application for interim maintenance under Section 23 Protection of Women from Domestic Violence Act was filed, objection was invited by the learned court and it was filed by the revisionist before the learned Magistrate and after considering the allegations and objection of both the parties, the opposite party no. 2 being wife of the revisionist and unable to make income to maintain herself, amount Rs. 5000/- per month as interim maintenance was awarded. The learned appellate court also considered the material on record in well manner and dismissed the appeal.

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In considered opinion of this Court, there appears no any illegality or impropriety in the order passed by learned Magistrate as well as learned appellate court but this criminal revision being devoid of merit is liable to be dismissed at the admission stage itself.

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Accordingly, the present revision is dismissed .

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September 22, 2025 Anurag Singh

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(Subhash Chandra Sharma,J.)

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

Abhishek Moses Richard v. State of U.P. and Another

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Abhishek Moses Richard v. State of U.P. and Another

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