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2015 Supreme(All) 2046

ANJANI KUMAR MISHRA
Mohd. Yahaya – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: V.K. Singh, Devendra Dahlma.
For the Respondents:Govt. Advocate.

JUDGMENT

Anjani Kumar Mishra, J.

Heard Sri Devendra Dhama learned counsel for the revisionist and learned AGA for the State respondents.

2. This revision has been filed challenging the orders dated 24.10.2013 passed by the Additional Chief Judicial Magistrate, under Section 23 (1) of the Protection of Women from Domestic Violence Act, 2005 in Complaint Case no. 1525 of 2012 (Smt. Sanjida Begum Vs Mohd. Yahaya) under Section 12 of the said Act. This order has been affirmed vide order dated 21.04.2015 passed by the Additional Sessions Judge, Court no.19, Allahabad in Criminal Appeal no. 270 of 2013 (Mohd. Yahaya Vs State of U.P.).

3. The Magistrate by his order dated 24.10.2013 disposed of the application under Section 23 (1) with the consent of the parties granting maintenance of Rs. 3000/- per month to be paid to Sanjida Begum by the fifth of each month. Against this order an appeal was filed under Section 29 of the Act which has been dismissed.

4. The contention of learned counsel is that the revisionist had never given his consent as recorded in the order dated 24.10.2013. He submits that a detailed objection to the application of the opposite party had been filed. The Magistrate has

















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