Advocates:
['VIJAY KUMAR DWIVEDI', 'G A', '', 'RAKESH KUMAR TIWARI']

Court No. - 80

Case :- APPLICATION U/S 482 No. - 3653 of 2022

Applicant :- Istyak @ Istgar @ Istkar

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Vijay Kumar Dwivedi

Counsel for Opposite Party :- G.A.,Rakesh Kumar Tiwari

Hon'ble Rajeev Misra,J.

Heard Mr. Vijay Kumar Dwivedi, the learned counsel for

applicant and the learned A.G.A. for State.

Perused the record.

This application under section 482 Cr.P.C. has been filed

challenging order 14.12.2021, passed by Principal Judge Family

Court, Aligarh in Case No. 1542 of 2019 (Smt. Afroj Vs. Istyak

@ Istgar) under section 125 Cr.P.C., Police Station-

Harduaganj, District Aligarh, whereby application for interim

maintenance filed by complainant/opposite party-2 has been

allowed.

Learned counsel for applicant submits that vide order dated

5.11.2018, passed by Additional Chief Judicial Magistrate,

Court No.2, Aligarh in Case No. 2420 of 2015 (Afroz Vs.

Iftqar) under section 18, 19, 20, 21 and 22 of Protection of

Woman from Domestic Violence Act. P.S. Harduaganj, District

Aligarh, an amount of Rs. 2,000/- was awarded towards interim

maintenance in favour of opposite party-2. Subsequent to

above, opposite party-2 initiated proceedings under section 125

Cr.P.C which came to be registered as Case No. 1542 of 2019

(Smt. Afroz Vs. Istaq @ Ishtgar), Police Station- Harduaganj,

District Aligarh. In the aforesaid case, opposite party-2 filed an

application

dated

12.10.2021,

claiming

interim

maintenance. Irrespective of above, Court below has allowed

the application for interim maintenance and awarded Rs.

4,000/- towards interim maintenance in favour of opposite

party-2. He, therefore submits that order impugned is

manifestly illegal as dual maintenance cannot be claimed.

Per contra, the learned A.G.A. has opposed this application. He

submits that interim maintenance awarded under the Protection

of Women from Domestic Violece Act is over and above, the

remedy available in common law. Moreover, from the perusal

of impugned order, it is apparent that Court below has

considered the factum regarding the order passed in

proceedings under the Protection of Women from Domestic

Violence Act. Applicant is paying a sum of Rs. 6,000/- per

month i.e. Rs. 2,000/- + Rs. 4,000/- towards interim

maintenance to his wife. The same cannot be said to be harsh or

excessive.As such, no indulgence be granted by this Court in

favour of applicant.

When confronted with above, learned counsel for applicant

could not overcome the same.

Consequently, present application fails and is liable to be

dismissed.

It is accordingly dismissed.

Order Date :- 16.8.2022

Arshad

Digitally signed by ARSHAD

MAHMOOD

Date: 2022.08.20 18:24:10 IST

Reason:

Location: High Court of Judicature at

Allahabad