PARTHA SAKHA MAITY Vs. BIJALI MAITY

JUDGEMENT

(1.) The question as to whether maintenance allowance awarded to the wife/opposite party is adjustable with the monetary relief granted to her under Section 23 of the Protection of Women from Domestic Violence Act is the subject matter of adjudication in the instant criminal revision. The present petitioner is the husband of the opposite party No.1. The opposite party No.1 filed an application under Section 12 read with Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereafter described as the said Act) praying for monetary relief. The learned court below granted interim relief monetary at the rate of Rs.3000/- per month to be paid by the petitioner/husband to the opposite party No.1/wife under Section 23 of the said Act.

(2.) The present petitioner filed an application on 6th July, 2018 in the

(3.) rd Court of the learned Judicial Magistrate, Contai praying for adjustment of order of interim monetary relief passed in Misc (DV Case No.7 of 2015 by the learned Judicial Magistrate, 3rd Court at Contai with the final order of maintenance of Rs.3000/- per month passed in Misc Case No.204/2014 under Section 125 of the Code of Criminal Procedure by the learned Additional Chief Judicial Magistrate, Contai. 3. The learned Judicial Magistrate rejected the application on twofold grounds, viz, interim monetary relief granted in favour of the wife/opposite party No.1 cannot be adjusted with final order of maintenance passed in a proceeding under Section 125 of the Code of Criminal Procedure, against the scope of both the above mentioned statute and the relief granted under them are distinct and different. The present petitioner has filed an appeal against the above mentioned order dated 10th July, 2018 under Section 29 of the said Act. The said appeal, though registered as Criminal Revision No.36 of 2018 was disposed of by the learned Additional District Judge, Fast track, 2nd Court by a judgment dated 19th January, 2019. The aforesaid revision/appeal was dismissed on contest.