SUJOY KUMAR SANYAL Vs. SHAKUNTALA SANYAL

JUDGEMENT

(1.) The present revisional application under Section 482 Cr.P.C. is directed for quashing the proceedings being Misc. Case No. 180/2010 corresponding to T.R. Case No. 85/2010 under Section 12 of the Protection of Women From Domestic Violence Act, 2005 now pending before the 5th Court of Learned Judicial Magistrate, Srirampore at District Hooghly.

(2.) The petitioner contends that he is a school teacher and married O.P. No. 1 in the month of May, 1994 according to Hindu Rites and Customs and thereafter led conjugal life with her at 21, Library Lane, P.S. Srirampore, District - Hooghly, A female child was born out of their wedlock. Subsequently O.P. No. 1 suffered from various ailments and lastly on 26.01.2010 father of O.P. No. 1 took her at the paternal house and on 29.01.2010 their daughter was also taken to her paternal house but subsequently she has declined to come back. So he has filed a suit for restitution of conjugal rights being MAT Suit No. 176 of 2010 on 23.02.2010. In the meantime the O.P. No. 1 filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking the reliefs under Sections 17/19A/19D/29 of the Act. In addition, she has repeatedly claimed monthly maintenance allowance for herself and the child under Section 125 Cr.P.C. and reliefs to be awarded under Section 24 of the Hindu Marriage Act. On receipt of such application Learned Court below by order dated 10.03.2010 called for a report from the Protection Officer, Hooghly fixing 15.03.2010 for report. On 18.03.2010 the aggrieved women filed another petition for interim relief under Section 23(2) of the Act. Learned Court below also called for a domestic incident report thereon from the Protection Officer, Hooghly within the date fixed. On 05.04.2010 the Protection Officer, Hooghly submitted his report which was placed before the Learned Court below. On 03.05.2010 the Learned Court below considered her prayer for exparte interim relief under Section 23 of the Act as per provision of Section 17 of the Act. At the relevant time he was inclined to grant the relief regarding right of residence and all other reliefs as prayed for by her shall be considered after hearing the respondent. Therefore, by such order dated 03.05.2010 the Learned Court below decided that the aggrieved women Smt. Shakuntala Sanyal will get the right of residence in the shared household and the respondent/husband was restrained from dispossessing the aggrieved women from the dwelling unit till final disposal of the case and fixed 07.05.2010 for service return of notice upon the respondent/husband and for hearing of the petition of complaint.

(3.) Being aggrieved by and dissatisfied with such order the respondent/husband has preferred this revisional application praying for quashing of such proceedings which is not inconformity with the mandatory provisions of Section 12 of the Act. The Learned Lawyer for the petitioner herein has raised the following points in support of his contention: -