AMIT DUTT Vs. SUJATA DUTT

JUDGEMENT

(1.) This Criminal Revisional application has been filed by the Petitioner being the husband of opposite party under Sec. 482 of the Code of Criminal Procedure, 1973 challenging the order dtd. 30/6/2017 passed by the learned Additional District and Sessions Judge, Durgapur in Criminal Appeal No. 14/2016 thereby affirmed the order dtd. 28/6/2016 passed by the learned Additional Chief Judicial Magistrate, Durgapur in Misc. Case No. 141/2011 whereby the learned Magistrate has allowed the petition filed under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 on contest and further directed the present Petitioner to pay a sum of Rs.16,000.00 per month as maintenance for the Opposite Party and Rs.4,000.00per month for the cost of alternative accommodation of Opposite Party so long as the Petitioner could not provide a suitable alternative accommodation to the Opposite Party and further directed to pay a total sum of Rs.20,000.00 per month to the Opposite Party/wife from the date of the order by 7th of every succeeding month failing which the Opposite Party is at liberty to execute the order through the competent Court.

(2.) The brief facts are relevant for the purpose of disposal of this case as under:

(3.) As such, the instant Criminal Revisional Application has been filed before this Court contending that the learned Judge did not consider the facts that the petitioner has been holding a decree under Sec. 9 of the Hindu Marriage Act, 1955 in his favour showing desertion on the part of the wife/Opposite Party. Learned Court also not calculated the total income of the petitioner and further included the income taxes, necessary expenses of the petitioner and other liabilities of the joint family. Accordingly, the order passed by the learned Magistrate as well as the Learned Additional District and Sessions Judge is liable to be set aside. SUBMISSION ON BEHALF OF THE PETITIONER: