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Allahabad High Court · body

2015 DIGILAW 2920 (ALL)

Ram Chandra @ Umesh Gaud v. State of U. P.

2015-09-16

PANKAJ NAQVI

body2015
JUDGMENT Pankaj Naqvi, J. Heard Sri Santosh Dwivedi, learned counsel for the applicant and the learned A.G.A. 2. This application under Section 482 Cr.P.C. is preferred against the order dated 23.4.2014, passed by Judicial Magistrate (Court No.1), Varanasi in Criminal Misc. Application /Complaint Case No.19/2013, under Section 12 of Domestic Violence Act, 2005, granting interim maintenance @ 3000/- per month. 3. Considering the nature of the proceedings and the quantum of the maintenance, I do not find the amount of Rs.3000/- to be so grossly exorbitant so as to come to the rescue of the applicant in exercise of inherent jurisdiction. The amount of Rs.3000/- as monthly maintenance, is based on relevant and admissible evidence, to which no patent perversity could be demonstrated. 4. The Apex Court in the case of Shalu Ojha vs. Prashant Ojha, 2015 (2) SCC 99 has held that the High court should be extremely slow in interfering with an order of maintenance. 5. There is no jurisdictional defect in the impugned order. 6. The application lacks merit and is dismissed.