BISWAJIT SAMANTA Vs. ARATI SAMANTA

JUDGEMENT

(1.) Appellate order dated 31st January, 2019 passed by the learned Sessions Judge, Fast Track, 2nd Court at Contai under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (hereafter described as the PWDV Act for short) is under challenge in the instant revision.

(2.) The opposite party as petitioner filed an application under Section 12 of the PWDV Act against the petitioner herein praying for reliefs under the provisions of Sections 18/19/20/21/22/23 of the PWDV Act before the learned Additional Chief Judicial Magistrate, Contai which was registered as Misc Case No.144 of 2016. In the said proceeding, the learned Judicial Magistrate, 3rd Court at Contai passed an order on 20th March, 2018 directing the present petitioner to pay interim monetary relief at the rate of Rs.15000/- per month from the date of order in favour of his wife/opposite party under Section 23 of the PWDV Act.

(3.) The said order was assailed by the husband/petitioner in Criminal Appeal No.5 of 2018. The learned Judge in the court of Appeal was pleased to dismiss the appeal affirming the order passed by the learned Judicial Magistrate in Misc Case No.144 of 2016.