SMT. SUKHLA DAS Vs. SUCHINTA KUMAR DAS

JUDGEMENT

(1.) On being subjected to mental and physical torture the petitioner was compelled to leave her matrimonial home along with her minor daughter in a single apparel and took shelter to her father's house. Therefore, she filed a complaint under Sections 498A/406 of the Indian Penal Code being Serampore P.S Case No. 206 of 2013 dated 26th May, 203 against the respondent/husband and his family members. The respondent did not take any information about the petitioner and has not even paid any maintenance to the petitioner and her minor daughter, although he is a Government employee working in SBSTC, Durgapur and earned Rs.30,000/- per month.

(2.) An application under Section 23(2) of the Protection of Women from Domestic Violation Act, 2005 was filed before the learned Judicial Magistrate, 3rd Court, Serampore and the same was registered as M.C No. 175 of 2011 in which the order dated 30th July, 2013 has been passed directing the husband and his family members not to commit any domestic violence on the petitioner and restrained them from alienating the property at H/2, Bidhan Park, Sector-I, P.O. Phuljhor, P.S-M.M.C, Durgapur-6, District-Burdwan and also directed not to disturb the peaceful living of the petitioner in the said house. It would appear that since 24th May, 2013 the petitioner along with her minor daughter has been living in her parents' house at the mercy of her parents. In the said order the respondent/husband was also directed to pay Rs. 2,500/- per month for the petitioner and Rs.1,500/- per month for the minor daughter as maintenance from the date of the order and the Officer-in-Charge, M.M.C Police Station was directed to assist the petitioner in case she approached for compliance of the order. It signifies by the order dated 30th July, 2013 that the petitioner has already been given the order of protection in her matrimonial house at Durgapur with the assistance of local P.S, M.M.C, Durgapur.

(3.) The contention raised at this stage that an Execution Case has also been registered for noncompliance of the order for payment of the maintenance as awarded by the said order and the same is pending in the Court of the learned Judicial Magistrate, 3rd Court, Serampore. It is the contention of the petitioner that she has no personal source of income and the father of the petitioner has no income in his old age as he used to previously earn by hawking in local train. It is also stated that in order to attend the court proceeding in connection with the Matrimonial Suit at Durgapur she has to commute from her residence at Sheoraphuli to Durgapur by train and it would hamper the school going minor female child in her absence.