Allahabad High Court
Shiv Anand Singh vs State Of U.P. And Anr. on 9 July, 2010
Court No. - 50 Case :- CRIMINAL REVISION No. - 2527 of 2010 Petitioner :- Shiv Anand Singh Respondent :- State Of U.P. And Anr. Petitioner Counsel :- Rakesh Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
This revision has been preferred by the revisionist against the order dated 21.5.2010 passed by learned Special Chief Judicial Magistrate, Agra in Case No. 573/09 Smt. Sadhna Vs. Shiv Anand and others under section 23 of Protection of Womens from Domestic Violance Act whereby the revisionist has been directed to pay Rs. 1 lac one time and Rs. 4500/- per month to opposite party No. 2.
It is contended by learned counsel for the revisionist that the amount awarded by learned court below is not justified as it is excessive amount. The revisionist is only a shoulder in the army having no sufficient means to pay the aforesaid amount. It is also contended that he was not present at home at the alleged date and time.
Issue notice to opposite party No. 2 returnable in four weeks.
Steps if any, be taken within five days.
List thereafter before appropriate Bench.
Till the next date of listing the operation of the impugned order referred above shall remain stayed provided the revisionist deposits Rs. 50,000/- before the court below within a period of two months from today in two equal instalments and continues to pay Rs. 2500/- per month to opposite party No. 2 regularly as interim maintenance amount by 10th of every month before the court below.
Order Date :- 9.7.2010 GNY