KAUSHIK GHOSH Vs. SHATARUPA GHOSH @ SHATARUPA BRAHMA

JUDGEMENT

(1.) The three revisional applications at hand pertain to a proceeding under Section 23 of the Protection of Women from Domestic Violence Act. CRR No. 3428 of 2018 is an application under Article 227 of the Constitution of India filed by the husband challenging an order dated 19.09.2018 passed by the Learned Metropolitan Magistrate, 16th Court, Calcutta in Misc. Case No. 108 of 2017, thereby directing the husband to pay a sum of Rs. 50,000/- as monetary relief and a sum of Rs. 25,000/- as expenses for alternative accommodation per month to the wife from the date of application, i.e. 20.09.2017. CRR 1267 of 2019 is a revision preferred by the husband under Sections 401 and 482 of the Code challenging an order dated 15.02.2019 passed by the Learned Chief Judge, City Sessions Court, Calcutta in Criminal Appeal No. 95/2018, thereby directing him to pay interim maintenance to the tune of Rs. 40,000/- per month to the wife and Rs. 50,000/- per month for her alternative accommodation from the date of passing of the order by the learned Magistrate, i.e. 19.09.2018 and further directing the husband to pay Rs. 4 lakhs as a lump sum as arrear maintenance along with the current maintenance. On the other hand, the wife filed a revisional application being CRR No. 2264 of 2019 under Sections 397 read with Section 401 of the Code challenging the order passed by the learned Chief Judge, City Sessions Court in Appeal No. 95 of 2018, thereby modifying the order passed by the learned Magistrate.

(2.) As the three revisional applications relate to the same original proceeding under the Protection of Women from Domestic Violence Act between the same parties, the said applications were taken up for hearing together, one after the other.

(3.) The admitted facts relating to the present case may be enumerated as follows. On 20.07.2016 a marriage was registered between the two under the Special Marriage Act. On 05.02.2017 a social marriage took place as per the Hindu rites and customs. On 21.02.2017 the couple arrived at New Jersey, United States. Soon thereafter, the wife lodged a complaint against the husband there alleging ill-treatment and harassment. The police enquired into the matter and filed a report. On 11.03.2017 the wife approached the police and the husband was arrested. The troubles continued between the parties. On 22.03.2017 the husband applied for a decree of divorce before a Court in the US. On 03.07.2017 the wife 's father brought her back to India and since then she had been residing at her parental home.