NIYATI SONAR (DAS) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against the Judgment and Order being no. 16 dtd. 1/2/2019 passed by the learned Sessions Judge, Birbhum at Suri in Criminal Appeal No.10 of 2018 thereby allowing the said Appeal in part by setting aside the order of compensation amounting to Rs.1,50,000.00 in favour of the petitioner as granted in the Judgment and Order dtd. 29/1/2018 passed by the learned Judicial Magistrate, 3rd Court at Suri, Birbhum in Misc. Case No.219 of 2013 filed under Ss. 14, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005.

(2.) The petitioner's case is that the petitioner filed an application under Ss. 14, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the court of the learned Chief Judicial Magistrate, Birbhum at Suri against the opposite party no.2 herein being Misc. Case No.219 of 2013 stating inter alia, that the petitioner got married with opposite party no.2 on 2/12/2010 as per Hindu rites and customs. At the time of said marriage the father of the petitioner gave Rs.1.50 lakh in cash, 10 Bhores of Gold ornaments, a Hero Honda Motor Cycle and other furniture along with other articles as per the demand of the opposite party no.2 and his family members. That since after the said marriage the opposite party no.2 and his family members started pressuring the petitioner for demand of more money. Out of the said wedlock a son namely Soumyadip Sonar was born who is a minor. In the said application the petitioner further stated that since after the marriage the opposite party no.2 and his family members started physical and mental torture upon the petitioner and the opposite party no.2 is a habitual drunker and being drunk he used to torture the petitioner sexually and also her minor son was tortured both mentally and physically. Due to such torture the petitioner and her minor son became ill and even in such condition she was compelled to do all household works. That father of the petitioner also tried to reconcile but he was abused by her in laws. Sometime after her said marriage the opposite party no.2 got engaged in different illicit relations and also started ignoring her and her minor son and when the petitioner protested against such activities of the opposite party no.2, she was subjected to mental and physical torture. The opposite party no.2 and his family members started pressurizing the petitioner for Rs.1.00 lakh and when the petitioner expressed her father's inability, she was brutally tortured both physically and mentally.

(3.) Ultimately on 10/10/2012 the opposite party no.2 and his family members had driven out the petitioner and her minor son from her matrimonial home and since then the petitioner and her minor son are residing at her parental home. The opposite party no. 2 is an employee of Department of Post, Government of West Bengal and used to earn Rs.15,000.00 to 20,000/- per month. The opposite party no.2 also earns from his agricultural land and by filing the instant case, the petitioner prayed for maintenance to the tune of Rs.5,000.00 per month for herself and Rs.2,000.00 for her minor son. The petitioner also prayed for protection, residence and compensation.