Neutral Citation No. - 2025:AHC:107150 Court No. - 84 Case :- CRIMINAL REVISION No. - 1766 of 2025 Revisionist :- Atik Ahamad Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajai Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and set aside the impugned judgment and order dated 24.02.2025 passed by learned Additional Session Judge, Court No.6, Moradabad in Criminal Appeal No.14 of 2024 (Atik Ahamad vs. Smt. Rihana Parveen & others) under Section 29 Protection of Women from Domestic Violence Act, 2005, Police Station Thakurdwara, District Moradabad as well as order dated 14.06.2022 passed by Civil Judge (J.D.)/Judicial Magistrate, Thakurdwara, Moradabad passed in Case No.805 of 2021 (Rihana Parveen vs. Atik Ahamad and others) under Section 12 Protection of Women from Domestic Violence Act, 2005 and also prays to stay the effect and operation of the order dated 24.02.2025. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is his wedded wife. Further submits that opposite party no.2 has a minor child from the wedlock who is living with her. The revisionist never neglected the wife and no any harassment was made. She left his house willingly and went to live in her maika when he went to bring her back she refused and revisionist was beaten by the members of her family. She filed an application u/s 12 Protection of Women from Domestic Violence Act, 2005 with an application for interim maintenance which was allowed ex-parte by the learned trial court only on the basis of report of Probationary Officer and the amount of Rs.5000/- per month was fixed for her maintenance which is in excess. No opportunity of hearing was given to him while passing the ex-parte order dated 14.06.2022 against the said order he filed an appeal before the learned court of Session but it was also rejected by order dated 24.02.2025, therefore, request to set aside the orders passed by learned Magistrate as well as the appellate court and to allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case due to neglect and misbehaviour on the part of the revisionist the opposite party no.2 is living apart from him in her maika with a minor child. In an application u/s 12 Protection of Women from Domestic Violence Act an application for interim maintenance was also filed which was decided ex-parte by the learned trial court on the basis of report of the Probationary Officer and the amount of Rs.5000/- per month was fixed as interim maintenance for two persons, the wife and minor child. He further contended that u/s 23 of the aforesaid Act such interim order may be passed ex-parte, therefore, there is no any illegality in the orders passed by the learned trial court and the appellate court but this revision being devoid of merit is liable to be dismissed. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed by the learned trial court as well as the appellate court, it appears that on an application for interim maintenance learned trial court has passed the order for interim maintenance fixing the amount of maintenance Rs.5000/- per month in favour of wife who is living in her maika with minor child due to neglect on the part of the revisionist. This order was passed ex-parte after considering the report of Probationary Officer. Section 23 of the aforesaid Act empowers the learned Magistrate to pass the order ex-parte. In this way, there appears no any illegality or impropriety in the order passed by learned Magistrate. The learned appellate court has also considered all these facts and the provisions of law while passing the order dated 24.02.2025 in appeal. Therefore, there appears no any illegality or impropriety in the orders passed by learned Magistrate as well as by the learned appellate court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 8.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad