JUDGMENT :

Ravindra Maithani, J.

The challenge in this revision is made to the followings:-

(i) Order dated 17.09.2022, passed in Miscellaneous Case No.105 of 2019, Sujata vs. Vikas, by the court of Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar (“the case”), by which an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (“the Act”) has been allowed and the revisionist has been directed to pay Rs.5,000/- as interim maintenance to the respondent no. 2, and;

(ii) Judgment and order dated 17.02.2023, passed in Criminal Appeal No.241 of 2022, Vikas Chaturvedi vs. State of Uttarakhand & others, by the court of First Additional District & Sessions Judge, Rudrapur, District Udham Singh Nagar. By it, the appeal has been dismissed.

2. Heard learned counsel for the parties and perused the file.

3. Facts necessary to appreciate the controversy, briefly stated, are as follows: The respondent no.2, the wife of the revisionist, filed an application under Section 12 of the Act seeking maintenance from the revisionist. The revisionist and the respondent no.2 were married on 03.03.2008. It has been the case of the respondent no. 2 that af