DIPAK DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner is husband of respondent No.2. He has challenged an order dated 1st May 2019, passed by the learned Judicial Magistrate, 1st Class, Agartala, in the proceedings instituted by the respondent No.2-wife under the provisions of Protection of Women from Domestic Violence Act, 2005. In particular, the petitioner is aggrieved by the following directions contained in the said order :

(2.) Case of the petitioner is that the Family Court by an order dated 25th April, 2018 has already awarded interim maintenance of Rs.3,000/- per month to the wife under Section 24 of the Hindu Marriage Act pending proceedings before the Family Court. Thereafter, there was no scope for the learned Magistrate to award any further amounts to the wife under the proceedings under Domestic Violence Act. Counsel submitted that the wife is residing with her parents and, therefore, she is not entitled to rent.

(3.) The petitioner has not produced order dated 25th April 2018, passed by the Family Court, a copy of which is tendered by the counsel for the petitioner is taken on record. This order is a short one and needs reproduction. It reads as under :