SHEIKH ASIFUDDIN Vs. NAZIA PARVEEN

JUDGEMENT

(1.) Affidavit of service filed by the petitioner be kept on record.

(2.) I have heard learned counsel of both the parties. In this revisional application the husband has sought for quashing of the proceeding being complaint case No. 6101 of 2015 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending before the learned Judicial Magistrate, 2nd Court, Alipore wherein the impugned notice has been issued by the Judicial Magistrate upon the petitioner/husband to appear before the Court on 03.10.2019 for show cause as to why distress warrant shall not be issued against him in the Execution Case No. 385 of 2019. In this regard Mr. Banerjee, learned advocate appearing for the opposite party/wife submits that the Judicial Magistrate has already passed an award of Rs. 4,000/- per month vide the order dated 3rd February, 2017 under the provisions of Section 23 of the Protection of Women from Domestic Violence Act arising out of Section 12 of the Act towards interim maintenance which has not been paid by the present petitioner/husband and for that the said Money Execution case No. 385 of 2019 has been instituted by the opposite party /wife only the distress warrant is likely to be issued against the petitioner when the petitioner has sought for quashing of the proceeding under Section 12 of the Protection of Women from Domestic Violence Act on the ground that the opposite party had initiated a police case being Jadavpur P.S. Case No. 468 dated 08.11.2015 under Section 498A/406 and 34 of Indian Penal Code against the petitioner and other inmates of the family. In the said criminal proceeding stridhan property has been seized in compliance of the Magistrate orders which were handed over to the opposite party /wife. There is no dispute to this fact.

(3.) In this regard Mr. Tushar Kanti Mukherjee submits that the complaint case being Jadavpur P.S. Case in aforesaid was registered at the instance of the opposite party /wife only that by which in amount to get the return of the stridhan properties and file maintenance payable to her. It is evident that interim maintenance has already been granted to the opposite party No. 1 under the provisions of Section 23 of Protection of Women from Domestic Violence Act. It is yet to be paid by the petitioner. In the application for protection order to opposite party has prayed for maintenance of Rs. 10,000/- per month for food, clothing medical treatment, medicine and for other alternative accommodation. It is submitted that the opposite party has earning to Rs. 17,000/- per month and there is denial of any torture meted out to her by the petitioner herein. It is pointed out that opposite party has left her matrimonial home voluntarily and the seized articles has already been handed over to the opposite party. The opposite party No. 1 has left the matrimonial home on her own and has taken shelter in her father's place and wants to live separately to look after her old age parents. Accordingly, it is submitted that there is no occasion in domestic violence meted out to the opposite party so the application for Protection of Women from Domestic Violence Act is not maintainable. In this regard, the opposite party No. 1 has not left her matrimonial home on her own rather circumstances compelled her to leave her matrimonial home because of the violence meted out to her. It is also submitted that allegation against the petitioner is grave. My attention is drawn to the contention made in paragraph 8 of the application under Section 12 of the Protection of Women from Domestic Violence Act to this effect that few days after the marriage respondent 3 and 4 had expressed their dissatisfaction about the marriage gift as they expected more gold ornaments and all the respondents started abusing the applicant and told her to bring Rs. 50,000/- cash one A.C. Machine and Washing machine from her father who is a retired person and thus the mental pressure was created on her and was subjected to various torture and there was instigation upon her to commit suicide by setting fire or by hanging.