SUDIPTA SAHA ROY @ TUBAI Vs. DOLA ROY

JUDGEMENT

(1.) The petitioner husband has preferred the revision under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure challenging the order dated Feb. 18, 2015 passed by learned Metropolitan Magistrate, 6th Court, Calcutta, in Misc. Case No.1 of 2014 and prayed for quashing of the entire proceeding under the provisions of the Protection of Women from Domestic Violence Act, 2005 pending before the said court of learned Magistrate.

(2.) The backdrop of the present revisional application is as follows:

(3.) The opposite party wife started one proceeding under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Domestic Violence Act ") against the petitioner husband praying for maintenance and other reliefs. On Dec. 7, 2013 learned Metropolitan Magistrate directed the petitioner husband to pay maintenance @ Rs.6,000.00 per month to the opposite party wife w.e.f. the date of filing of the proceeding under the Domestic Violence Act. The petitioner husband was also directed to pay Rs.3,000.00 per month to the opposite party wife as rent of alternative accommodation of the opposite party wife w.e.f. the date of the order i.e. Dec. 7, 2013. The petitioner husband challenged the said judgment and order passed by learned Metropolitan Magistrate by preferring Criminal Appeal No.17 of 2014. On July 16, 2014 learned Additional Sessions Judge, 2nd Fast Tract Court, Bichar Bhawan, Calcutta disposed of the said criminal appeal by clarifying the order of maintenance to the extent that the petitioner husband would pay Rs. 2,500.00 per month to the opposite party wife w.e.f. the month of April, 2014 and the arrears of maintenance to be paid @ Rs.6,000.00 per month till the month of April, 2014. The Appellate Court affirmed the remaining part of the order passed by learned Metropolitan Magistrate including the order of payment of rent for alternative accommodation @ Rs.3,000.00 per month as passed by the trial court. By suppressing the fact of preferring Criminal Appeal No.17 of 2014 before the court of sessions, the petitioner husband has preferred the instant revision praying for quashing of the entire proceeding under the Domestic Violence Act and challenging the order of issuance of warrant of arrest against the petitioner husband by learned Metropolitan Magistrate for realisation of the amount of arrears of maintenance.