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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3651 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J.
1. Heard Shri Shashi Kumar Dwivedi, learned counsel for the revisionist, Ms. Monika Pal, learned counsel for the opposite party no.2 as well as learned AGA appearing for the State-opposite party no.1 and perused the record. 2. This criminal revision is directed against the judgment and order dated 15.05.2024 passed by Sessions Judge, Kanpur Nagar, in Criminal Appeal No. 1180 of 2024 (Smt. Sufia Vs. State of U.P and others), under Section 29 of the Domestic Violence Act, Police Station Babupurwa, Kanpur Nagar as well as order dated 11.11.2022 passed by the Metropolitan Magistrate, Court No.9, Kanpur Nagar in Complaint No.7161 of 2019 (Mantasa Javed Vs. Daud Ahmad and others), whereby under the provisions of Section 23 of the Domestic Violence Act, the husband of opposite party no.2 was directed to pay interim maintenance of Rs.5,000/- per month to opposite party no.2 and further directed to pay Rs.10,000/- as litigation charges. 3. The relevant facts of the case are that the opposite party no.2 has filed an application under Section 12 of the Domestic Violence Act, before the court of Metropolitan Magistrate, Court No.9, Kanpur Nagar, claiming interim maintenance from her husband, in which, the learned Magistrate vide order dated 11.11.2022, under Section 23 of the D.V. Act, as an interim maintenance, directed to the husband of the opposite party no.2-Daud Ahmad to pay Rs.5,000/- per month to the opposite party no.2 and also directed to pay Rs.10,000/- to the opposite party no.2 as litigation charges. 4. From perusal of the record, it appears that against the order dated Versus Counsel for Revisionist(s) : Neha Kumari, Shashi Kumar Dwivedi Counsel for Opposite Party(s) : G.A., Monika Pal Smt Sufia .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
11.11.2022, the husband of the opposite party no.2 has not filed any appeal, rather the mother-in-law of opposite party no.2 has filed the appeal before the District Judge, Kanpur Nagar, challenging the order dated 11.11.2022 while the trial court has not made any observation against her, hence the appeal too was dismissed vide order dated 15.05.2024. 5.
5. On the other hand, learned counsel for the opposite party no.2 contended that there is no order at all against the present revisionist, hence she has no locus to challenge the order dated 11.11.2022 by means of the instant criminal revision and the instant revision deserves to be dismissed. The same argument has also been adopted by the learned AGA. 6. Since in the order dated 11.11.2022, there was no observation against the present revisionist regarding payment of any kind of maintenance, she has no locus to challenge the said order before this Hon'ble Court. The instant revision lacks merit and deserves to be dismissed. 7. Accordingly, the present revision is dismissed. September 1, 2025 Prajapati RK CRLR No. 3651 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad