BACHU MIAH Vs. RANU BEGUM

JUDGEMENT

(1.) This writ appeal is directed against the judgment dated 25.08.2014 passed in W.P(Crl.)2 of 2014 whereby a learned Single Judge of this Court after discussing the entire law on the subject issued the following directions:- [17] On study of the various provisions of the PWDV Act, 2005, this Court holds as under:

(2.) As far as the directions given by the learned Single Judge are concerned, this Division Bench is totally in agreement with the directions given and these are reaffirmed. However, the issue raised by Sri A. Bhowmik, learned counsel, appearing for the husband is that the Magistrate passed the impugned order granting maintenance in favour of the wife without holding any inquiry and without giving any opportunity of leading evidence to the husband.

(3.) We have gone through the file of the Magistrate and find that the wife filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and she prayed for an order of protection under Section 18, an order of grant of residence under Section 19 and an order for grant of monetary relief under Section 20 in her favour. This complaint was received by the Court on 08.10.2013 and notice was ordered to be issued to the respondents for 24.10.2013. On this date, the respondent husband appeared along with his counsel and the case was transferred to the Court of the Judicial Magistrate, 1st Class, Bishalgarh for disposal in accordance with law. On 11.11.2013, the parties appeared before the transferee Court and the matter was adjourned to 25.11.2013 when three of the respondents were present and two were absent. Again an adjournment was granted and the matter was adjourned to 10.12.2013. On this date, three respondents were present and two were absent. Written statement was filed on behalf of the respondents and the matter was adjourned to 23rd December, 2013. On this date, the husband was present and the other respondents were absent. The matter was adjourned to 31st January, 2014. On the next date i.e. 31.01.2014, the aggrieved person (the wife) was absent and all the respondents were present. The matter was again adjourned to 12.03.2014. On this date again the wife was not present. Four of the respondents were present and one respondent was absent. The case was adjourned to 31st March, 2014 on which date, all the parties were present and the matter was adjourned to 22.04.2014 for appearance of both the parties and hearing and necessary orders.