MONJIT TALUKDAR Vs. RITA TALUKDAR

JUDGEMENT

(1.) Heard Mr. S. Bora, learned counsel appearing for the revision petitioner. Also heard Mr. M. Kalita, learned counsel representing the respondent.

(2.) The instant petition has been filed under Sec. 397/401/482 of the CrPC, challenging the impugned order dtd. 2/1/2020, passed by the learned Sub-Divisional Judicial Magistrate (M), Bajali at Pathsala, in C.R. Case No.57/2019, whereby the petitioner/husband has been directed to pay interim maintenance of Rs.2500.00 per month to the respondent/wife, contending that the aforesaid order is bad in law for violation of Sec. 8/9/12(1) of the Protection of Women from Domestic Violence Act, 2005 without the domestic incident report (in short, DIR) before passing any order and same is liable to be quashed and set aside.

(3.) Backdrop of the case is that respondent entered into marriage with the petitioner on 13/12/2015 and out of their wedlock, a child was born on 16/11/2016. The respondent/ wife filed a petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the D.V. Act) read with Sec. 20/22/23 of the Act contending that soon after their marriage, her husband along with her in-laws used to torture her mentally and physically on minor issues. She was taunted on each and every aspect that she cannot use the household article, like motor pump to run washing machine, gas stove to prepare food and using of fan etc. etc. that she has not brought anything as stridhan and she has to arrange them from her parents. Many times, her mother and brother had to interfere into their family affairs to settle the matter but it was not helpful and her husband and inlaws used to torture mentally and physically on each and every occasion. She was not taken to hospital while she was suffering from some sort of ailments. Her husband even poured kerosene oil upon her on 9/5/2019 from which she luckily escaped. After the said incident, she left for her parental house along with her son and started living with her parents. Mentioning all details of the incidents, that her life is not safe at her husband's house, she filed the aforesaid petition before the court praying for various reliefs and protection under the DV Act including the maintenance as well as compensation for her and her minor child along with a prayer for interim maintenance.