SUNIRMAL BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 21.07.2011, passed by the learned Additional District & Sessions Judge Criminal Revision Petn.No.384/2011(FTC) No.1, Tinsukia in Criminal Appeal No.14(2)/2011 refusing to modify the entire order dated 07.06.2011, passed by the learned Sub -Divisional Judicial Magistrate (in short 'SDJM'), Margherita in Misc. Case No.01/2011 under Section 12 of the Protection of Women from Domestics Violence Act, 2005 (in short 'the Act of 2005') .

(2.) BEING aggrieved by and dissatisfied with the aforesaid order, Shri.Sunirmal Bhattacharjee, petitioner herein and opposite party in the proceeding before the Magistrate as well as the appellant before the Additional Sessions Judge, FTC, Tinsukia has preferred this revision petition against the order, so rendered by the First Appellate Court in Criminal Appeal No.14(2)/2011. Shri.Sunirmal Bhattacharjee, petitioner herein, would be described as opposite party whereas his wife Smti. Gargi Bhattacharjee would be referred to hereinafter as the petitioner.

(3.) THE brief facts, as it emerges from the petition under Section 12 of the Act, 2005, and which are necessary for disposal of this present proceeding, are that the opposite party (Shri.Sunirmal Bhattacharjee) married the petitioner (Smti. Gargi Bhattacharjee) as per rites of Hindu religion. Out of the aforesaid wedlock, a male child was born to them.