Kunwar vs Deepak Kunwar
2022 Latest Caselaw 3611 UK

CRLR No.469 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Navnish Negi, Advocate for the revisionist.

The challenge in this revision is made to the following:-

Order dated 31.08.2019, passed in Misc. Criminal Case No. 55 of 2019, Pooja Kunwar Vs. Deepak Kunwar, by the court of Chief Judicial Magistrate, Chamoli, by which the revisionist has been directed to pay Rs. 6,000/- per month as maintenance to the respondent ("the case"). And;

Judgment and order dated 18.07.2022, passed in Criminal Appeal No. 03 of 2021, Deepak Kunwar Vs. Pooja Kunwar, by the court of Additional District and Sessions Judge, Karanprayag, District Chamoli, by which the order passed in the case has been affirmed.

It is argued that, in fact, the respondent had been working as a contractual teacher just prior to filing the application for maintenance. The moment the application was allowed, she was again working and getting salary. It is argued that during the period, when the application under Section 123 of Protection of Women from Domestic Violence Act, 2005 ("the Act"), was pending, the respondent was, though, working but not getting salary, but she was able to maintain herself.

Learned counsel for the revisionist would also submit that there is no provision akin to Section 127 of the Code of Criminal Procedure, 1973, under the Act. It is also argued that the revisionist is not a man of sufficient means. He does not earn anything.

Issue notice to the respondent returnable within four weeks.

Steps to be taken within a week. List this matter on 24.02.2023.

(Ravindra Maithani J.) 14.11.2022

RV