DIPAK BISWAS Vs. ADITI KAR (BISWAS)

JUDGEMENT

(1.) Petitioner has challenged the judgment dtd. 2/5/2018 delivered in Criminal Appeal No. 29(2) of 2017 by the Sessions Judge, Gomati Judicial District, Udaipur affirming the judgment dtd. 5/6/2017 passed by the Judicial Magistrate, First Class, Udaipur, Gomati Judicial District in case No.CR(DV) 24 of 2016 whereby the learned trial Court passed a protection order in favour of the respondent wife of the petitioner under Sec. 18 of the Protection of Women from Domestic Violence Act, 2005 (DV Act, for short) prohibiting the petitioner from committing any act of domestic violence on his respondent wife and directing him to return her stridhan in terms of Sub Sec. (8) of Sec. 19 of the DV Act.

(2.) Brief facts of the case are as under:

(3.) The Chief Judicial Magistrate received the complaint and made over the case to the Court of Judicial Magistrate, First Class (Court No.2) at Udaipur. Having received summons petitioner husband and his father Dulal Biswas appeared in Court and a written statement was submitted by the father of the petitioner in which he stated that no cash was paid by the parents of the respondent wife during marriage. It was admitted that some ornaments were given to her by her parents during her marriage which were taken away by her while she left her matrimonial home on 29/1/2016. It was stated in the written statement of the father of the petitioner husband that the respondent wife was suffering from mental disorder for which she received treatment from various mental clinics at Agartala and Manipur and also at NIMHANS in Bangalore. The trial Court also called for a domestic incident report from the concerned Protection Officer and such report was submitted in Court on 20/10/2016.