VINITA SETHIA Vs. VINAY KUMAR SETHIA AND ORS.

JUDGEMENT

(1.) This criminal revisional application under Ss. 482/397/401 of the Code of Criminal Procedure, 1973 has been filed by petitioner Vinita Sethia against her husband Vinay Sethia and The State of West Bengal as opposite parties/respondents challenging legality, propriety and correctness of the impugned judgment and dismissal order dated 12th August, 2014 passed by learned Additional Sessions Judge, 1st Court, Howrah in Criminal Appeal No. 20 of 2014 under Sec. 29 of the Protection of Women from Domestic Violence Act (in short P.W.D.V. Act), 2005. In that appeal present petitioner as appellant challenged order dated 19th February, 2014 passed by the learned Judicial Magistrate, 1st Court, Howrah in Misc. Case No. 438 of 2010 dismissing petitioner's application dated 17th December, 2012 for interim residence order etc. under Sec. 19 of the Protection of Women from Domestic Violence Act, 2005.

(2.) Before the learned Judicial Magistrate petitioner's prayer was for interim relief of residential order or alternative accommodation or direction to pay rent alongwith return of Stridhan articles. Said prayer was rejected on the ground that such prayer cannot be granted without appreciation of evidence which would be forthcoming in the trial. Appeal was preferred by the present petitioner against that rejection order and the appeal has been dismissed on similar grounds. Said judgment has been challenged here.

(3.) This revisional application has been filed on the grounds that impugned judgment is bad in law, perverse and based on surmise and conjecture. Contending inter alia, petitioner contends that learned Court below misinterpreted the meaning of 'shared household' in the impugned judgment. Wisdom and spirit of the legislation of P.W.D.V. Act, 2005 has not been considered in the impugned judgment. Petitioner prays for setting aside the impugned judgment and to allow petitioner's application dated 17th December, 2012 for interim relief.