PRANAB KISHORE RATH Vs. SUNITA RATH

JUDGEMENT

(1.) Assailed herein is the order dated 25.05.2016 passed by the learned Sessions Judge, Cuttack in CRLA No.26 of 2016 confirming the interim order passed by the learned S.D.J.M., Cuttack on 21.01.2016 in D.V. Misc. Case No.309 of 2015 under Section 23 of the Protection of Women From Domestic Violence Act, 2005 ("D.V.Act", in short) directing the present petitioner to provide a specific residence to the present opposite party in a proceeding under the D.V.Act filed by the present opposite party.

(2.) The proceeding under the D.V.Act was initiated by the present opposite party with the submissions that she married the present petitioner on 26.06.1991 and was blessed with two daughters: one in the year 1993 and the other in the year 2000. She alleged that from the day one of her marriage, she was ill-treated by the present petitioner and was physically and mentally tortured by the petitioner as well as by her in-laws. Narrating different instances of torture and assault, she alleged that on 13th March, 2014 she was driven out of the official quarters at Bhubaneswar by the present petitioner after being assaulted mercilessly and she came back to Cuttack to stay with her parents with her younger daughter. Again she visited her husband, the present petitioner at his official residence to see the well being of the elder daughter who was staying with the petitioner, but the alleged humiliation and torture continued. Ultimately, on 23.09.2015 since she was again assaulted and abused by the present petitioner-husband, she came back to her father's house at Cuttack and is residing there since then with her younger daughter.

(3.) The petitioner-husband filed objection denying the allegation of torture and assault with the further submission that the opposite party-wife is a quarrelsome female and did not want to stay with her in-laws for which in the year 1996, he has to take a government quarters since he was posted at Bhubaneswar by then to stay separately with his wife, the opposite party, and since last twenty years, the petitioner and opposite party were not staying with the joint family which falsified the allegation that she was tortured and humiliated by her in-laws. The present petitioner-husband denying the allegations submitted certain instances of the arrogancy of the opposite-party wife and contended that the allegations of domestic violence were absolutely false.