JUDGMENT :

1. Heard Sri P.K. Mishra, learned counsel for applicant as well as Sri Balkeshwar Srivastava, learned A.G.A. for State.

2. By means of instant application under Section 482 Cr.P.C., the applicant has assailed the order dated 28.09.2020 passed by Judicial Magistrate, III, Faizabad in Complaint Case No. 1720/18 (Kiran Yadav Vs. Manoj) under Section 12 of Protection of Women From Domestic Violence Act, 2005 P.S. Mahila Thana, Faizabad.

3. It has been submitted by learned counsel for applicant that respondent No. 2 is legally wedded wife and respondent No. 3 is his minor daughter and the applicant and the respondent Nos. 2 were married on 06.05.2013. It has been submitted that respondent No. 2 preferred a complaint in the Court of Judicial Magistrate-III, Faizabad under Section 12 of the Domestic violence Act, 2005 wherein she stated that applicant and respondent No. 2 were married on 06.05.2013 and the Vidai was performed on 07.05.2013 and the at time of Vidai, the father of the complainant had paid Rs. one lakh fifty one thousand and gifted ornaments and household etc. but the applicant was not satisfied with the dowry and made demand for further amount of Rs. 2 lakhs.

4. In the light of the fact that the demand of dowry was not fulfilled then applicant started harassing the complainant. It has also been alleged that mother-in-law of respondent No. 2 threw hot Ghee upon the leg of respondent No. 2 as a result of which she sustained serious injury at that time when she was pregnant. She gave birth to her daughter on 20.10.2015. Thereafter, respondent No. 2 had moved an application under Section 125 Cr.P.C. before the Family Court, Faizabad seeking maintenance and has also filed a Criminal Complaint against the applicant and his family members before Judicial Magistrate-III, Faizabad under Section 198A/323/504/506 I.P.C. and 3/4 D.P.Act.

5. Family Court by means of order dated 30.05.2018 and 01.05.2019 directed the applicant to pay Rs. 4,000/-per month as interim maintenance to respondent Nos. 2 & 3. It has further been submitted that she also filed a Criminal Revision No. 592/2019 before this Court where certain directions have been issued by this Court for payment of amount of maintenance to the respondent No. 2.

6. With regard to the controversy in the present dispute, it has been submitted that respondent No. 2 moved an application on 07.05.2019 under Section 19 of Domestic violence Act, 2005 before Judicial Magistrate -III, Faizabad along with a complaint under Section 12 of Domestic violence Act, 2005 seeking appropriate direction to the applicant to provide for her residence. The applicant opposed the said application and filed his objections before the trial court and the application under Section 12 read with Section 19 of Domestic violence Act, 2005 was rejected by the trial court by means of order dated 13.08.2019.

7. Against the said order, an appeal was filed under Section 29 of the Domestic violence Act, 2005 by the respondent No. 2 and the same was allowed by the Additional District and Sessions Judge, Faizabad on 08.07.2020 whereby he set aside the order dated 13.08.2019 and remanded the matter to be decided on merits.

8. After remission of the said matter, the Magistrate has passed the order dated 28.09.2020 which has been impugned in the present application.

9. By means of the impugned order, the Judicial Magistrate-III, Faizabad has allowed the application of respondent No. 2 providing for her to reside with the applicant failing which he has been directed to pay sum of Rs. 4,000/-per month from which she can rent suitable accommodation for herself and her daughter. The aforesaid order has been assailed by the counsel for applicant by means of present application under Section 482 Cr.P.C.

10. Learned counsel for applicant has assailed the order mainly on three grounds. Firstly, that the said order has been passed without obtaining a report as prescribed under Section 12 of the Protection of Women from Domestic