NAND KISHORE RAJAK Vs. RASHMI RAJAK

JUDGEMENT

(1.) The instant revision under Article 227 of the Constitution of India has been filed by the opposite party of Misc Case No.2 of 2018 challenging, legality, correctness and propriety of the judgment and order dated 1st February, 2020 passed by the learned Additional Sessions Judge ,5th Court at Howrah in Criminal Appeal No.11/2019 dismissing the appeal filed by the petitioner and affirming the order dated 18th December, 2018 passed by the learned Judicial Magistrate, 1st Court at Howrah in the above mentioned misc case.

(2.) The petitioner is the husband of the opposite party No1 herein. The opposite party No.1 filed an application under Section 12/18/19/20/22/23 of the Protection of Women from Domestic Violence Act, 2005 (hereafter DV Act for short) which was registered as Misc Case No.2 of 2018. The said misc case was transferred by the learned Chief Judicial Magistrate, Howrah to the 1st Court of the Judicial Magistrate at Howrah for trial and disposal.

(3.) In the said proceeding upon an application under Section 23 of the said Act filed by the petitioner, the learned Magistrate passed an order directing the opposite party to pay interim monetary relief at the rate of Rs.10,000/- per month from the date of filing of the application.