SHREYA BERIA Vs. VEDANT BHAGAT

JUDGEMENT

(1.) The wife/petitioner has filed the instant criminal revision challenging legality, validity and propriety of the order dated 24th February, 2020 passed in Criminal Appeal No.33 of 2020 by the learned Sessions Judge, South 24 Parganas at Alipore staying operation of the order passed by the learned Judicial Magistrate, 9th Court at Alipore in Misc Case No.AC 4538 of 2019 under Sections 12/23 of the Protection of Women from Domestic Violence Act, 2005 (hereafter described as the said Act) directing the opposite party to provide a suitable accommodation to the petitioner (aggrieved person) in the shared household, if the aggrieved person is willing to stay.

(2.) For proper adjudication of the instant criminal revision, the following facts are required to be recorded:

(3.) The petitioner being the wife of the opposite party filed an application under Section 12 of the said Act on 28th August, 2019 for different reliefs available to her in the said Act including residence order under Section 19 of the said Act. In the said proceeding, the petitioner filed an application under Section 23 of the said Act praying for interim relief. The opposite party entered appearance in the said case and filed written objection against the petitioner's application under Section 23 of the said Act. Vide order dated 13th February, 2020, the learned Magistrate passed an order disposing of the application under Section 23 of the said Act providing various interim reliefs to the wife/aggrieved person. The opposite party was directed to provide a suitable accommodation to the petitioner in the shared household if the petitioner is willing to stay.