Allahabad High Court
ANUJversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANOJ BAJAJ
Holding
The petition was dismissed as withdrawn.
Summary
Anuj, the husband, filed a criminal revision challenging the order dated 26‑09‑2025 of the Judicial Magistrate, Mathura, which had partly allowed the application of respondents under Section 12 of the Protection of Women from Domestic Violence Act, 2005 for interim maintenance. The petitioner argued that the order was appealable but chose not to press the petition in order to pursue an alternative statutory remedy. The court noted that the petition was effectively withdrawn and therefore dismissed it. No substantive merits of the revision were examined. The case was closed with the petition dismissed as withdrawn.
Issues considered
- Whether the order of the Judicial Magistrate granting interim maintenance under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is appealable?
Legislation cited
Subjects
- Domestic Violence
- Interim Maintenance
- Revision
- Appeal
- Withdrawal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 8854 of 2025
Anuj
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Abhay Kumar, Pushpendra Kumar,
Ramdhan
Counsel for Opposite Party(s) : G.A., Saurabh Singh
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
Petitioner- husband is aggrieved against the order dated 26.09.2025 passed
by Judicial Magistrate, Mathura in Case No.122867 of 2024, titled Smt.
Madhavi vs. Anuj, whereby application of respondent nos.2 & 3 under
Section 12 of The Protection of Women from Domestic Violence Act, 2005
for interim maintenance has been partly allowed.
Since the impugned order is appealable, therefore, learned counsel for the
petitioner does not press this petition in order to avail the alternative
statutory remedy.
The prayer is accepted. The petition is dismissed as withdrawn.
(Manoj Bajaj,J.)
May 6, 2026
Raj
Digitally signed by :-
RAJ KUMAR
High Court of Judicature at Allahabad
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