RAKHI ARORA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY preferring the present application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. for brevity ) the petitioner has prayed that the order dated 18.06.2013 passed by the Learned Chief Judge, City Sessions Court, Calcutta in Criminal Appeal No.41 of 2013, thereby allowing the appeal and setting aside the order dated 12.02.2013 passed by the Learned Metropolitan Magistrate, 9th Court, Calcutta in Case No.M -2012 granting Rs.6,000/ - per month to the present petitioner as rent for alternative accommodation, be quashed and set aside.

(2.) THE applicant/wife preferred an application seeking relief under Sections 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005(hereinafter referred to as PWD Act for the sake of brevity) against the present O.P.Nos.2, 3 and 4, i.e. husband, father -in -law and brother -in - law respectively stating inter alia that the marriage of the applicant was solemnized with the O.P. No.2 on 24th June, 2005. It was stated that her married life was not at all happy and from the very beginning she was subjected to inhuman mental and physical torture and economical abuse by the O.P. Nos.2, 3 and 4 herein. She was also a victim of sexual abuse by the O.P. No.2. Being sick and traumatized she could not continue her job and she was compelled to quit the same. Ultimately she lodged a complaint in DLF Police Station, Gurgaon on the basis of which said P.S. Case No.949 dated 05.09.2006 under Sections 498A/408 IPC was registered. Thereafter she was driven out from her matrimonial home and she has been living in her paternal home at Kolkata on and from 21.11.2006. Thereafter she filed a proceeding under Section 125 of the Cr.P.C. in the Family Court, Kolkata and that case was disposed of on consent granting maintenance to her @ Rs.8,000/ - per month. The total income of the O.P. No.2 was Rs.85,000/ - per month at that time. Therefore she prayed for monthly maintenance @ Rs.30,000/ - per month and Rs.15,000/ - per month as rent for alternative residential accommodation. She also prayed for order restraining the O.P.s. from committing and/or abetting any further domestic violence.

(3.) THE said application was opposed by the present O.P.s.2, 3 and 4 stating inter alia that before passing any such relief sought for by the applicant, the Magistrate is to consider any 'Domestic Incident Report' submitted by Protection Officer or the Service Provider and in absence of such report no order can be passed. It was further contended that the applicant left her matrimonial home voluntarily on 28th July, 2006 and a divorce suit filed by the husband is pending since the year 2007 and therefore no question of commission of further domestic violence can arise. Further she has been receiving a sum of Rs.8,000/ - per month as maintenance and therefore no further maintenance can be granted.