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2016 Supreme(All) 1770

SUDHIR KUMAR SAXENA
Chiranjeev Kumar Arya – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Revisionist : Ranjana Srivastava, Ratnakar Rao and Vinay Tripathi
For the Opposite Parties : Pankaj Tiwari, Shri Pal Singh Yadav

JUDGMENT :

Sudhir Kumar Saxena, J.

This revision has been filed by husband aggrieved with the order dated 02.09.2015 passed by Additional District & Sessions Judge, court No. 17, Lucknow under Section 29 of Protection of Women from Domestic Violence Act, 2005 (in short 'the Act').

2. It appears that Prathama Singh claiming to be the wife of present revisionist filed an application under Section 12 of the Act before learned Magistrate, Lucknow. Application was allowed by learned Magistrate ordering Rs. 1000/- per month as interim maintenance. An appeal was filed against said order by the wife of revisionist claiming maintenance @ Rs. 30,000/- per month. Said appeal has been allowed by Additional Sessions Judge, Court No. 17, Lucknow on 02.09.2015. This very order has been challenged in revision.

3. I have heard Smt. Ranjana Srivastava, learned counsel for revisionist and Sri Pankaj Tiwari, learned counsel appearing for respondent.

4. A preliminary objection has been raised by Sri Pankaj Tiwari that revision against the order passed in appeal under Section 29 of the Act would not be maintainable. He has relied upon the judgment of Hon'ble Apex court given in Criminal Appeal No. 2070 of 20









































































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