SANDIP MRINMOY CHAKRABARTY Vs. RESHITA SANDIP CHAKRABARTY

JUDGEMENT

(1.) This Court by an order dated 3rd December, 2020 directed to place this matter on board for deciding the issue of maintainability raised by the respondent-wife to the extent of challenge to the order of maintenance passed by the Family Court under the provisions of Protect of Women from Domestic Violence Act, 2005 (for short 'the said Domestic Violence Act') on the ground that Criminal Revision Application is maintainable against that part of the order passed by the Family Court and not this Family Court Appeal filed under Section 19 of the Family Courts Act, 1984. Some of the relevant facts for the purpose of deciding the issue of maintainability of the Family Court Appeal No. 31 of 2020 raised by the respondent are as under :-

(2.) Respondent had filed a petition for divorce against the appellant on the ground of adultery and cruelty on 16th December, 2013. The said petition was filed under the provisions of Special Marriage Act, 1954. The appellant had filed written statement and also a counter claim in the said petition and prayed for divorce on the ground of cruelty against the respondent.

(3.) On 11th February, 2014, the respondent-wife filed the proceedings alleging domestic violence on the part of the appellant before the learned Judicial Magistrate First Class, Pune. Respondent initially filed a divorce petition bearing P.A. No. 1374 of 2012 on 3rd December, 2012 on the ground of cruelty and adultery. The said petition was however withdrawn on 10th December, 2012. The respondent subsequently filed the second petition bearing P.A. No. 1426 of 2012 on 17th December, 2012 for divorce.