SAKTI MANNA Vs. GAYATRI MANNA

JUDGEMENT

(1.) In this application under Section 482 of the Code of Criminal Procedure, 1973 (for short CrPC), the judgment and order dated 15th September, 2014 passed by the Ld. Sessions Court, Howrah in Criminal Appeal No. 15 of 2014 directing the petitionerhusband to pay a sum of Rs. 8000/- per month and thereby setting aside the order dated 13th January, 2014 passed by the Ld. 6th Judicial Magistrate, Howrah in Misc. Case No. 344 of 2013 under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (for short PDV Act).

(2.) While refusing interim relief in favour of the present OP-wife the Ld. Magistrate also noticed that an earlier complaint case being C- 816/2011 filed under the PDV Act before the Ld. 1st Judicial Magistrate, Sealdah by the OP-wife stood compromised.

(3.) The Ld. Appellate Court upon careful consideration concluded that the Ld. Magistrate was in manifest error in not considering the reliefs prayed for by the OP-wife under Sections 18, 19, 21 and 23 of the PDV Act for protection, right of residence, maintenance and interim reliefs respectively. Holding further that the appeal and the connected Misc. Case No. 344 of 2013 do arise out of incidents between the parties in a domestic relationship, the Ld. Appellate Court found that even with his claimed disability of 50%, the present petitioner-husband has been running a business under the name and style of New Manna Electric and, was appointed the Secretary of the Howrah Electric Babshayee Kalyan Samity as recently as in the year 2012.