LAWS(ORI)-2017-1-83

PRASANT KUMAR GARANAYAK Vs. SMT. PUSPALATA GARANAYAK @ SAMAL

Decided On January 16, 2017
Prasant Kumar Garanayak Appellant
V/S
Smt. Puspalata Garanayak @ Samal Respondents

JUDGEMENT

(1.) The petitioners who were the respondents before the learned S.D.J.M., Talcher in Criminal Misc. Case No.74 of 2008 which is a proceeding under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereafter "PW.D.V. Act") have filed this application under Sec. 482 Crimial P.C. challenging the impugned order dated 08.10.2010 of the learned Magistrate, inter alia, granting monthly maintenance of Rs.2000.00 (Rupees two thousand only) to the opp. Party as well as directing to pay sum of Rs.50,000.00 (Rupees fifty thousand) towards the loss caused due to the removal of the property from the control of the opposite party.

(2.) Sec. 29 of the P.W.D.V. Act reads as follows :

(3.) In view of the specific appeal provision provided in the statute, I am not inclined to entertain this application under Sec. 482 Crimial P.C. Accordingly the CRLMC application is disposed of as not maintainable. The interim order dated 14.08.2012 passed in Misc. Case No.1433 of 2012 , stands vacated. Intimate the learned Magistrate accordingly.