IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRLR No. 183 of 2010 Suman Lal ……..Revisionist Versus Smt. Babita Devi ….Respondent. Present: Mr. R.C. Tamta, Advocate for the revisionist. Hon’ble Sudhanshu Dhulia, J(Oral) Heard Mr. R.C. Tamta, Advocate for the revisionist. This criminal revision has been filed against the judgment and order dated 14.5.2009 passed by the learned Additional Chief Judicial Magistrate, III Dehradun under Sections 17, 18, 19 and 20 of the Protection of Woman from Domestic Violence Act, 2005 (from hereinafter referred to as the “Act”) arising out of case no. 2228 of 2009 and order dated 27.8.2010 passed by the Additional District Judge/VI F.T.C. in Criminal Appeal No. 111 of 2010. The brief facts of the case are that on an application moved under Section 12 of the Act by the respondent who is allegedly the wife of the revisionist, an interim order dated 14.5.2009 was passed whereby she was given an interim maintenance of Rs. 5,000/- per month. Apart from this she was also given right for residence. Aggrieved, the revisionist moved an appeal before the Sessions Court under Section 29 of the Act bearing No. Criminal Appeal No. 111 of 2010. This appeal was dismissed vide order dated 27.8.2010 on two grounds, firstly that there was not enough ground that the application filed by the wife was highly belated and secondly, filing of appeal under Section 29 of the Act against an interim order is not maintainable and the proper recourse for the appellant was to move an application under Section 14 of the Act. The reference of Section 14 of the Act prima facie is not proper inasmuch as the court did not order for counselling and therefore the matter was not liable to be listed before member of the service provider providing the counselling under Section 14 of the Act. However, it is an admitted fact that the matter is still pending before the court of Additional Chief Judicial Magistrate III, Dehradun. This Court therefore deems it proper to dispose of the present revision with direction to the revisionist to be present before the court below on any date in the week commencing 4th October, 2010. Since the order dated 14.5.2009 passed against the revisionist is an ex-parte order, the court below will hear the side of the revisionist and thereafter pass appropriate orders. It is clarified that till the order is modified or any orders are passed, the order dated 14.5.2009 shall be complied with in its letter and spirit by the revisionist. Present Criminal Revision is disposed of accordingly. No order as to costs. Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J) 24.09.2010 Kuldeep