IN THE HON'BLE HIGH COURT OF UTTARAKHAND AT

NAINITAL

CRIMINAL MISC. APPLICATION No. ______ OF ____

(Under Section 482 of Cr.P.C. 1973)

DISTRICT:DEHRADUN

Smt. Meena Devi aged about 40 years W/o Shri Ramlal Choudhary,
Resident of Village and Post office Raipur, District Dehradun,
Uttarakhand
-------------Applicant
Versus

1) State of Uttarakhand through its Secretary Home, Govt. of

Uttarakhand, Dehradun
2) Shri Ramlal Choudhary, Resident of Village and Post office
Raipur, District Dehradun, Uttarakhand

--------------Opposite Parties

Seri Particulars Page

al Nos.
No.
1. Index
2. Criminal Misc. Application
3. Affidavit
4. Annexure-1 A true copy of the complaint filed by
the applicant U/s 17, 18, 19, 20 & 22
of Protection of Women from Domestic
Violence Act
5. Annexure-2 A true copy of the objection/application
and affidavit
6. Annexure-3 A true copy of the order dated 9.9.2016
7. Annexure-4 A true copy of the memo of appeal
8. Annexure-5 A true copy of the order dated
6.10.2016
9. Annexure-6 A true copy of the application dated
 7.3.2017
10.Particulars of counsels of party in court below
11.Vakalatnama

Date- XYZ
Advocate
Counsels for the Applicant
 IN THE HON'BLE HIGH COURT OF UTTARAKHAND AT

NAINITAL

CRIMINAL MISC. APPLICATION No._____OF ____

(Under Section 482 of Cr.P.C. 1973)

DISTRICT : DEHRADUN

Smt. Meena Devi aged about 40 years W/o Sri Ramlal Choudhary
Resident of Village and Post office Raipur, District Dehradun
-------------Applicant

Versus

1) State of Uttarakhand through its Secretary Home, Govt. of

Uttarakhand, Dehradun

2) Shri Ramlal Choudhary S/o Late Shri Dara Singh Choudhary,

Resident of Village and Post office Raipur, District Dehradun,
Uttarakhand

----------Opposite Parties

Arises from Criminal Case No. 1408 of 2015 Smt. Meena Devi
Vs. Sri Ramlal Choudhary U/s 17, 18, 19, 20 & 22 of Protection of
Women from Domestic Violence Act pending before III
Additional District Judge(J.D.)/Judicial Magistrate, Dehradun

To,
The Hon'ble the Chief Justice and his other companion Judges of the
aforesaid Hon'ble High Court.
The humble petition of the above named applicant most respectfully
showed as under:-

1. That in view of the facts and circumstances of the present case,

mentioned in the accompanying affidavit which forms part of
 the present application, it is expedient in the interest of justice
that the impugned part of order dated 6.10.2016 passed by
Sessions Judge Dehradun in Criminal Appeal No. 141 of 2016
Ramlal Choudhary Versus Smt. Meena Devi, reducing the
interim maintenance from Rs. 5,000/- per month granted by
the learned III, Additional Civil Judge(J.D.)/Judicial Magistrate
Dehradun vide order dated 9.9.2016 U/s 23(2) of Protection of
Women from Domestic Violence Act to Rs. 2,500/- per month
,may be set aside and quashed and/or pass such other and
further order which this Hon’ble court may deem fit and proper
under the circumstances of the case, otherwise the applicant
shall suffer irreparable loss and injury.

PRAYER
It is, therefore, Most respectfully prayed that this Hon’ble court may
be pleased to allow this application and the impugned part of order
dated 6.10.2016 passed by Sessions Judge Dehradun in Criminal
Appeal No. 141 of 2016 Ramlal Choudhary Smt. Meena Devi,
reducing the interim maintenance from Rs. 5,000/- per month granted
by the learned III, Additional Civil Judge(J.D.)/Judicial Magistrate
Dehradun vide order dated 9.9.2016 U/s 23(2) of Protection of
Women from Domestic Violence Act to Rs. 2,500/- per month, may
be set aside and quashed and/or pass such other and further order
which this Hon’ble court may deem fit in the interest of equity,
justice, good conscience and proper under the circumstances of the
case.
It is further prayed that operation and effect of the impugned part of
order dated 6.10.2016 passed Sessions Judge Dehradun in Criminal
Appeal No. 141 of 2016 Ramlal Choudhary Smt. Meena Devi be
stayed during the pendency of present application.
Dated:
XYZ
Advocate
Counsels for the Applicant
 IN THE HON'BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL

AFFIDAVIT
IN
CRIMINAL MISC. APPLICATION No. _____ OF ______

(Under Section 482 of Cr.P.C. 1973)

DISTRICT : DEHRADUN

Smt. Meena Devi aged about 40 years W/o Sri Ramlal Choudhary,
Resident of Village and Post office Raipur, District Dehradun
Uttarakhand
-------------Applicant

Versus

1) State of Uttarakhand through its Secretary Home, Govt. of

Uttarakhand, Dehradun

2) Shri Ramlal Choudhary S/o Late Shri Dara Singh Choudhary,

Resident of Village and Post office Raipur, District Dehradun,
Uttarakhand

-----------Opposite Parties

Affidavit of Smt. Meena Devi aged about 40 years W/o Sri Ramlal
Choudhary, Resident of Village and Post office Raipur, District
Dehradun, Uttarakhand

……..(DEPONENT)

I, the deponent above named do hereby solemnly affirm and

state on oath as under:-

1. That the deponent is sole applicant in the aforesaid application

and as such she is fully acquainted with the facts and
 circumstances of the case and is in a position to depose as
under:-

2. That the this is the First Application Under Section 482 Cr.P.C.
on behalf of the applicant for quashing the impugned part of
order dated 6.10.2016 passed Sessions Judge Dehradun in
Criminal Appeal No. 141 of 2016 Ramlal Choudhary Versus Smt.
Meena Devi, reducing the interim maintenance from Rs.
5,000/- per month granted by the learned III, Additional Civil
Judge(J.D.)/Judicial Magistrate Dehradun vide order dated
9.9.2016 U/s 23(2) of Protection of Women from Domestic
Violence Act to Rs. 2,500/- per months. The applicants have
not filed any other application Under Section 482 Cr.P.C. for the
same and ancillary relief.

3. That brief facts giving rise to the present case are that the
opposite party married with applicant in the year 1960 and
from the matrimonial wedlock of the opposite party no. 2 and
applicants two sons namely Devendra Kumar and Rajendra
Mohan and one daughters Smt. Pranita Devi aged 8, 12 and 14
respectively were born. It is submitted here that before the
marriage with the applicant the opposite party no. 2 was
married with one Smt. Meena Devi and two sons and one
daughters were born from the matrimonial wedlock.

4. That after the marriage with the applicant the opposite party
no. 2 purchased a land in Raipur, District Dehradun and on one
part of the said land a residential house was constructed. It is
 submitted here that the opposite party no. 2 was posted as
Range Officer in forest Department and during his service
tenure the opposite party no. 2 stayed with applicant only
when he was posted in Dehradun and during rest of the service
tenure he remain stayed in his posting places while the
applicant resided in Dehradun.

5. That it is submitted here that there is a dispute arises between

the parties and the wife i.e. the opposite party no. 2 left the
home, the allegations of the opposite party is that the applicant
is having a different relationship with another women. That the
opposite party no. 2 started cruelties upon the applicant and
harassed her physically and mentally for the maintainance.

6. That under the aforesaid circumstances the applicant took

shelter of the court and filed a Criminal Case No. 1408 of 2015
Smt. Meena Devi Vs. Sri Ramlal Choudhary claiming relief U/s
17, 18, 19, 20 & 22 of Protection of Women from Domestic
Violence Act before Judicial Magistrate Dehradun. A true copy
of the complaint filed by the applicant U/s 17, 18, 19, 20 & 22
of Protection of Women from Domestic Violence Act is being
filed herewith and is marked as Annexure no. 1 to this affidavit.

7. That after hearing to the parties and after examining the

material on record the learned III Additional civil Judge( J.D.)
Dehradun passed order dated 9.9.2016 whereby the learned III
Additional Civil Judge (J.D.) was pleased granted Rs. 5000/- per
month as interim Maintenance to the applicant under section
 23(2) of Domestic Violence Act and further directed the
respondent not to commit any domestic violence upon the
applicant and further not to interfere in residing of the
applicant in the house situated at Raipur. A true copy of the
order dated 9.9.2016 is being filed herewith and is marked as
Annexure No. 3 to this affidavit.

8. That against the aforesaid order dated 9.9.2016 the opposite

party no. 2 filed a Criminal appeal No. 141 of 2016 Ramlal
Choudhary Versus Smt. Meena. A true copy of the memo of
appeal is being filed herewith and is marked as Annexure No. 4
to this affidavit.

9. That it is submitted here that the opposite party no. 2 also filed
a stay application numbered as Application 6 and the same was
disposed off on the date of admission of the appeal by the
impugned order dated 6.10.2016 whereby the learned Sessions
Judge Dehradun reduced the amount of interim maintenance
from Rs. 5,000/- per month to Rs. 2,500/- per months. A true
copy of the order dated 6.10.2016 is being filed herewith and is
marked as Annexure No. 5 to this affidavit.

10. That the impugned order dated 6.10.2016 passed by the

learned Sessions Judge Dehradun is illegal and improper and
has been passed without hearing the applicant, therefore the
same is liable to be set aside and quashed.
11. That the opposite party no. 2 after obtaining the stay order is
lingering on the disposal of the appeal and even he did not pay
the entire amount of Rs. 2500/- per month after which the
applicant moved an application before the trial court for
ensuring the compliance of the order however the same is still
pending. A true copy of the application dated 7.3.2017 is being
filed herewith and is marked as Annexure No. 6 to this
affidavit.

12. That the learned lower appellate court failed to consider that
the applicant is having 3 children to look after and aged about
40 years having no source of livelihood including the regular
medical need due to old age and Rs. 2500/- per months is a
meager amount which is not sufficient while the opposite party
no. 2 is able to pay the same as he is pensioner from the post
of Forest Range Officer.

13. That the applicant is an old ailing women of 40 years having no

source of income and could not arrange the expenses for
challenging the order dated 6.10.2016 earlier before this
Hon'ble Court, therefore the latches of delay in filing of the
present application under Section 482 Cr.P.C. are liable to be
ignored.

14. That in case the impugned order dated 6.10.2016 is allowed to

sustain it would resulted into gross miscarriage of justice and
the applicant will be deprived from her daily uses goods and
 medicines and other requirement therefore the impugned
order dated 6.10.20176 is liable to be set aside.

15. That under these circumstance it is expedient in the interest of

justice that the impugned part of order dated 6.10.2016
passed by Sessions Judge Dehradun in Criminal Appeal No. 141
of 2016 Ramlal Choudhary Versus Smt. Meena Devi, reducing
the interim maintenance from Rs. 5,000/- per month granted
by the learned III, Additional Civil Judge(J.D.)/Judicial
Magistrate Dehradun vide order dated 9.9.2016 U/s 23(2) of
Protection of Women from Domestic Violence Act to Rs.
2,500/- per months may kindly be quashed.

It is also further expedient in the interest of justice that the

operation and effect of the impugned part of order dated 6.10.2016
passed by Sessions Judge Dehradun in Criminal Appeal No. 141 of
2016 Ramlal Choudhary Versus Smt. Meena Devi may be stayed
during the pendency of the present application before this Hon'ble
Court.

I, the deponent above named do hereby declare that contents of

paragraph Nos. 1-10 of the affidavit are true to my personal
knowledge and those of the contents of para no. 10-13of the affidavit
are based on perusal of records, and those of the para no 14-15 of the
affidavit are based on legal advice, which all I verify and believe to be
true that no part of this affidavit is false and nothing material has been
concealed.

SO HELP ME GOD
DEPONENT
 I, XYZ Advocate, District Court Dehradun, do hereby declare
that the person making this affidavit and alleging himself to be
deponent, is known to me through the perusal of records.
Advocate

Solemnly affirm before me on this 1st day of Jan. 2017 at about

______/am/pm by the deponent, who has been identified as above.
I have satisfied myself by examining the deponent, who has
understood the contents of the affidavit, and which has been read over
and explained to her by me.

NOTARY PUBLIC
 IN THE HON'BLE HIGH COURT OF UTTARAKHAND AT
NAINITAL

LIST OF COUNSEL IN THE COURT BELOW

IN
CRIMINAL MISC. APPLICATION No. _____OF _____

(Under Section 482 of Cr.P.C. 1973)

DISTRICT : DEHRADUN

Smt. Meena Devi aged about 40 years W/o Sri Ramlal Choudhary
Bikshu, Resident of Village and Post office Raipur, District Dehradun,
Uttarakhand
-------------Applicant
Versus
1) State of Uttarakhand through its Secretary Home, Govt. of
Uttarakhand, Dehradun

2) Shri Ramlal Choudhary Bikshu S/o Late Shri Dilwan Singh,

Resident of Village and Post office Raipur, District Dehradun,
Uttarakhand

--------Opposite Parties

Counsel for the applicant XYZ

Advocate
District Court Compound
Dehradun
Counsel for the applicant ABC
Advocate
District Court Compound
Dehradun