SUBHENDU PANDIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application is preferred under Sec. 401 read with 482 of code of criminal procedure 1973, against the judgment and order dtd. 30/5/2023 of Ld. Additional Sessions Judge F.T.C.

(2.) nd Court, Krishnanagar Nadia passed in connection with Misc. Criminal Appeal No 12 of 2021, whereby Ld. Court modified the order dtd. 25/8/2021 of Ld. Judicial Magistrate 5th Court, Krishnanagar, Nadia passed in Misc. Criminal Case No 74 of 2020 under Sec. 12 of the Protection of Women from Domestic Violence Act 2005 for relief claimed under Ss. 18, 19, 20, 21, 22 of the said Act. 2. The petitioner Subhendu Pandit is the husband of O.P 2 Moumita Pandit whose marriage was solemnized on 2/12/2009 as per Hindu rites and customs. After the marriage O.P 2 started residing with Subhendu Pandit at her matrimonial house and subsequently O.P No.2 gave birth to a baby girl. The discontentment prevailing on the issue of dowry, aggravated after the birth of the daughter. The issue of an illicit relationship of the petitioner with a lady complicated the marital relationship when O.P 2, resisted petitioner. As a result, the intensity of torture gradually amplified, constraining the marital life. On 8/11/2019 the petitioner attempted to kill O.P 2 and her minor daughter who requested Navadeep Police, to rescued them therefrom, and Family Counseling Centre Navdeep also intervened into the matter. After counseling the petitioner agreed to bring the O.P 2 and his daughter back home, but he never acted upon his commitment, nor provided any financial support to O.P No.2 to fulfill the liabilities of herself and her daughter necessary to live a dignified life. Moreover, the petitioner was a Junior Engineer at Irrigation and Waterways Department, posted at Cooch-Behar and he used to earn more than one lakh rupees per month from salary and other sources, but he did not provide any maintenance to his wife and daughter for sustenance O.P.2/Moumita made all possible effort to convince the petitioner, but in vain. Consequently she was compelled to file Misc. Criminal Case being No 74 of 2020 on 4/2/2020 against the petitioners for the reliefs provided U/S 12/18/19/ 20/ 21 /22 of Protection of Women from Domestic Violence Act 2005.

(3.) Ld. Judicial Magistrate 5th Court Krisnanagar, Nadia ordered to issue summons against the petitioner husband at his official address in Coochbehar, but he refused to accept the said summon as it appeared from the order sheet wherein it had been stated that "It is seen from the record that summons have already returned to have been refused by the respondents." As a result, Ld. Judicial Magistrate 5th Court Krisnanagar, Nadia proceeded ex-party to an pass order on 25/8/2021, wherein he directed to the petitioner/ husband/Subhendu Pandit to pay a sum of Rs.10,000.00 per month as monthly monetary relief to OP2/ Wife/Moumita Pandit for herself and for her minor daughter, after adjustment of the amount ordered u/s 125 of Cr.P.C, if any, within 10th day of English Calendar month from the date of filing of this case, but no compensatory relief was ordered under Ss. 22 of the said Act. It was also directed that the arrear amount, if any, shall be paid in 12 equal installments, to start from 10/10/2021.