C482/1284/2022
2022 Latest Caselaw 2445 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                     COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      03.08.2022                        C 482 No.1284 of 2022
                                        Hon'ble Alok Kumar Verma, J.

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The respondent no.2 had moved an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005. The learned Magistrate passed an interim order dated 09.05.2022 and directed the present applicant/husband of the respondent no.2 to pay Rs.5,000/- per month to the respondent no.2 and Rs.3,000/- per month to the each children.

The present applicant preferred an appeal. The said appeal has been dismissed vide judgment dated 28.06.2022, passed by the District & Sessions Judge, Tehri Garhwal in Criminal Appeal No.28 of 2022, "Bhola Dutt Uniyal vs. Smt. Urmila Devi". Hence, the present application, under Section 482 of the Code of Criminal Procedure.

Heard Mr. Sandeep Kothari, learned counsel for the applicant.

The learned counsel for the applicant submitted that the respondent no.2, the wife of the applicant, is residing in the house of the applicant and she is regularly receiving a sum of Rs.8,000/- per month as rents from the tenants, and, all the dues like electricity dues, water dues and fees of the children are being paid by the applicant regularly.

A supplementary affidavit dated 31.07.2022, filed by the applicant, is taken on record.

According to the said affidavit of the applicant, out of the total arrears of Rs.64,000/-, he will deposit a sum of Rs.30,000/- within a period of 10 days i.e. on or before 10.08.2022 and rest of the amount i.e. Rs.34,000/- will be deposited on or before 07.09.2022.

Issue notice to the respondent no.2. Steps to be taken within four days.

List this case on 12.09.2022. In the facts and circumstances of the case, the effect and operation of the impugned order dated 09.05.2022, passed by the Additional Chief Judicial Magistrate, Tehri Garhwal in Misc. Criminal Case No.351 of 2021, "Smt. Urmila Devi vs. Bhola Dutt Uniyal", are stayed till the next date of listing.

(Alok Kumar Verma, J.) 03.08.2022

JKJ/Pant