(1.) In spite of notice given to the respondents/opposite parties, all the opposite parties have failed and neglected to enter appearance and to address the Court on the merit of this revisional application despite the service effected upon them.
(2.) The brief facts leading to the case is that the petitioner happens to be the sister of the opposite party no.2 and used to reside together with the opposite party no.2 in the same ancestral house at 179, Briji West, Kadamtala, P.S. Patuli, Kolkata 700 084 along with their ailing mother who died on 18.09.2018. After the opposite party no.2 got married on 20th January, 2017 with the opposite party no.3 who was a maid servant of their ancestral house and a divorced lady having a female child aged 14 years, started torturing upon the petitioner and ill behaved with her mother while she was suffering from cancer and psychiatric disease. Ultimately on 21st February, 2017, the opposite party no.2 forcibly and illegally ousted the petitioner from the ancestral house and the petitioner had to take shelter in the house of her elder sister because she had no place to reside and no means of livelihood. Though the petitioner is a holder of LL.B. degree, but could not undertake her practice, as she was engaged in the care of her ailing mother. Being ousted from the house after the assault being perpetrated on her, she lodged FIR against the opposite parties. On 17.05.2017, the opposite party no.2 along with his friend Sanjib Roy threatened her with dire consequence, for which a case was also registered. Thus, it appears that there has been a sheer relationship between the petitioner and the opposite parties at the other end. The petitioner also filed a suit for partition for her share in the ancestral property. The petitioner ultimately filed an application under Sections 12 and 23 of the P.W.D.V. Act before the learned A.C.J.M., Alipore which got transferred to Judicial Magistrate, 4th Court at Alipore for disposal and the latter passed an interim order dated 26.07.2018 restraining the respondents from inflicting any sort of domestic violence upon the petitioner while staying at the house of her elder sister at 12/1A/54, Chowbaga Road, Bidhannagar (South), P.S. Tiljala, Kolkata 700 039 and further restrained the opposite parties from her peaceful possession and enjoyment of the shared household at 179, Briji West, Kadamtala, P.S. Patuli, Kolkata 700 084 or otherwise to arrange an alternative accommodation for the petitioner keeping in view their social status, in default, to pay Rs.50,000/- per month for the rent of such accommodation. Learned Magistrate also directed the respondents to pay Rs.1 lakh as interim maintenance payable from the date of the order and further to pay Rs.1,50,000/- per month in toto from the date of filing of the application to the petitioner towards maintenance allowance within every 10th day of successful English calendar month.
(3.) The said order of the learned Magistrate was appealed against in Criminal Appeal No.195 of 2018 whereby the learned Appeal Court below set aside the order of the Magistrate granting interim maintenance of Rs.1 lakh per mensem and also set aside the order for payment of Rs.50,000/- per mensem as rent for alternative accommodation. However, the order restraining the respondents from committing any domestic violence upon the petitioner at the premises no. 12/1A/54, Chowbaga Road, Bidhannagar (South), P.S. Tiljala, Kolkata 700 039 was affirmed where the aggrieved person had taken shelter in the house of her elder sister. The order to the extent of restraining the opposite parties from making any sort of impediment towards the petitioner/aggrieved person in respect of her peaceful possession and enjoyment of the shared household being 179, Briji West, Kadamtala, P.S. Patuli, Kolkata 700 084 was also affirmed.