In the matter of Criminal Revision No. 15/2014 (Ashish Gupta Vs State of U.P & Ors the Hon’ble Allahabad HC pronounced that “No requirement of obtaining DIR before passing any order u/s 12 of the Protection of women from domestic violence Act, 2005. Matter in dispute was that one Smt. Subeena Gupta, (hereinafter called aggrieved person) got married to Ashish Gupta (hereinafter called wife) a resident of Ghaziabad. Sometime after the marriage the wife subjected to the incident of domestic violence in the hand of husband and other relatives. Thus, an application u/s 12 of the Protection of Women from Domestic Violence Act, 2005 was filed by Smt. Subeena Gupta against the Revisionist. An application u/s 23 of the act was also moved for interim maintenance. After hearing the parties, the trial court allowed the application and Rs. 15,000.00 was allowed as maintenance for the aggrieved person as well as her children till the disposal of the matter finally. Other directions were also issued by the Court that she will not be expelled from the house in which she is living with her children and the payment of electricity bill etc. will also be made by the husband revisionist and no domestic violence will be done.
Against the order of the trial court, the husband preferred an Appeal before the Additional Session Judge Ghaziabad (Appeal No. 54/2011) on the ground that the trial court had passed interim order without summoning of the DIR from the Probation Officer and had passed the order without report. The learned Additional Session Judge Ghaziabad dismissed the appeal.
Being aggrieved from the judgement the husband preferred the revision before the Hon’ble Allahabad High Court. The sole ground for revision was that the interim order passed by the learned trial court and the appeal dismissed by the Additional Judge was bad in law. The ground taken by the husband was same as taken by him before the lower appellant court.
The Hon’ble High court relying on the decision passed by the Hon’ble Jharkhand High in the matter of Swarup Mandal v/s State of Jharkhand & Ors and Hon’ble MP High Court in the matter of Ajay Kant & ors v/s Smt. Alka Sharma observed that the “….in the present case, impugned was passed after hearing the revisionist and taking into consideration all the facts and objections raised by the revisionist……” The Revision of the husband was dismissed by the Hon’ble Court observing therein that there was no illegality in passing interim order without summoning DIR.
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