SWARUP GUHU ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Legality, validity and propriety of an order dated 17th July, 2019 passed by the learned Additional Sessions Judge, Fast track 4th Court at Alipore in Criminal Appeal No.283 of 2018 and 290 of 2018 modifying an order dated 16th November, 2018 passed on an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 in AC No.423 of 2018 and directing the petitioner to pay monetary relief in favour of the opposite party No.2 at the rate of Rs.10,000/- per month is under challenge in the instant criminal revision.

(2.) Undisputedly, the petitioner and the opposite party are legally married husband and wife. Both of them were divorcee, the opposite party No.2 having a child from her first marriage. Their marriage was solemnised on 25th December, 2009. It is the case of the petitioner that after marriage they happily maintained their marital life. Subsequently the opposite party No.2 started treating the petitioner with cruelty. She used to raise protest against the petitioner's act of looking after his old ailing mother. The dispute between the husband and wife took serious turn where the petitioner was compelled to file Matrimonial Suit No.144 of 2018 praying for divorce against the opposite party No.2. The opposite party No.2 after receiving summons of the matrimonial suit only on retaliation filed an application under Section 12 and Section 23 of the Protection of Women against Domestic Violence Act. The said application was registered as AC No.423 of 2018.

(3.) The application under Section 23 of the Domestic Violence Act was taken up for hearing by the learned Judicial Magistrate, 3rd Court at Alipore. The learned Magistrate passed an order against the petitioner/husband directing him to pay monetary relief at the rate of Rs.8000/- per month to the opposite party No.2/aggrieve person and Rs.4000/- per month for her minor child from the date of filing of the case.