PRITI GUPTA Vs. PROMOD GUPTA

JUDGEMENT

(1.) The petitioner challenges the judgment and order dated 31.07.2013 passed by the learned Additional Sessions Judge, Fast Track, 4th Court, at Alipore, South 24 Parganas in connection with Criminal Appeal No. 78 of 2012 on the ground of that the learned First Appellate Court, without application of mind, has set aside the order dated 14.08.2012 passed by the learned Judicial Magistrate, 7th Court, at Alipore, South 24 Parganas in connection with Case No. C-1384 of 2012.

(2.) According to the petitioner she had filed an application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 and prayed for a relief in terms of Sections 18, 19 and 20 of the said Act. Learned Trial Court has passed an order in her favour and directed the opposite party to pay Rs.10,000.00 per month as maintenance to the petitioner and her son. Challenging the said order, the present opposite party had filed an appeal, without serving any notice upon her. Without satisfying himself about the service on the petitioner, the learned 1st Appellate Court proceeded to dispose of the said appeal in the absence of the petitioner.

(3.) At the time of hearing, the learned Counsel appearing on behalf of the petitioner contended that the impugned order passed by the learned First Appellate Court is bad-in-law on the ground that the learned Trial Court did not give any opportunity to the present petitioner for a hearing. In her absence the said appeal was disposed of.