IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH

nd

ON THE 2 OF FEBRUARY, 2026 CRIMINAL REVISION No. 5212 of 2023 SHASHANK MALVIYA Versus SMT. NISHA W/O SHASHANK MALVIYA Appearance:

Shri Ramkrishna Shastri - Advocate for the petitioner.

ORDER The present criminal revision under Section 397 read with Section 401 of Cr.P.C., 1973 is preferred being aggrieved by the order dated 08.10.2021 passed in MJCR No.52/2020 by the Judicial Magistrate First Class, Tarana, Ujjain as affirmed by judgment dated 14.08.2023 in CRA No.44/2023 by Addtional Session Judge, Tarana District Ujjain, M.P. whereby an amount of Rs.3,000/- per month has been awarded as interim maintenance in favour of respondent under Section 23 of Protection of Woman from Domestic Violence Act, 2005 from the date of order.

2. Facts in brief are that marriage was solemnized on 22.11.2019 and an application under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 seeking various claims was preferred and an application under Section 23 of Protection of Woman from Domestic Violence Act, 2005 was also preferred claiming Rs.20,000/- per month as maintenance alleging domestic violence.

3. The application was contested on the ground that respondent/wife earns Rs.8,000/- to Rs.9,000/- per month, she has not approached the Court with clean hands, she is responsible for marital dispute.

4. After appreciating the evidence, the learned trial Court has allowed the application partially and awarded an amount of Rs.3,000/- per month from the date of order i.e. 08.10.2021. The appeal also failed. Hence, this revision has been preferred.

5. Heard.

6. Perused the record.

7. The report received from the Court of Judicial Magistrate First Class, Tarana Ujjain reveals that the MJCR No.20/2020 is at the final stage. The record submitted by the revision petitioner/husband reveals that he has filed the statement of respondent recorded in MJCR No.44/2022 whereas another statement has been recorded in MJCR No.20/2020. The status report submitted by learned trial Court is to the effect that the respondent evidence has been closed on 18.02.2025. The amount awarded in favour of respondent is on lower side.

8. The scope of revision in a challenge to the order of interim maintenance is very limited, as propounded by the Apex Court in the case o f Malkeet Singh Gill vs. The State of Chhattisgarh (2022) 8 SCC

2024 which is being reproduced as below:-

"10........... the scope of interference in revision is extremely narrow. The object of the provision is to set right a patent defect of an error of jurisdiction or law. There has to be well-founded error which is to be determined on the merits of individual case.

It is also well settled that while considering the same, the Revisional Court does not dwell at length upon the facts and evidence of the case to reverse those findings."

9. Considering the above in the above limited scope and the amount of maintenance, the impugned order does not fit to be interfered with. Even otherwise, the ground raised by the revision petitioner required appreciation of evidence. Accordingly, this criminal revision is dismissed.

10. Record of the courts below remitted back.

(GAJENDRA SINGH)

JUDGE amit