SH. R. LALREMTHANGA PETITIONER Vs. SMT. LALBIAKMAWII

JUDGEMENT

(1.) THIS criminal revision petition has been filed challenging the judgment and order dated 10 -06 -2011 passed by the learned Additional District and Sessions Judge -I, Aizawl in Criminal Appeal No. 2 of 2011 dismissing the appeal filed by the petitioner and upholding the order dated 07 -03 -2011 passed by the learned Judicial Magistrate, First Class -V, Aizawl in DVC - Criminal Complaint No. 3 of 2011. The facts of the case may be briefly noted.

(2.) THE petitioner and the respondent were married on 18 -10 -1979. Out of their wedlock, they have 5(five) children, 4(four) daughters and 1(one) son. After 31(thirty one) years of marriage, the parties divorced as per Mizo customary practice.

(3.) THE learned Magistrate called for a report from the protection officer. On perusal of the report received and after hearing the parties, the learned Magistrate passed an order on 07 -03 -2011 whereby it was held that domestic violence had taken place and that the proceeding under Section 12 of the Domestic Violence Act was justified. Holding that the allegations against the petitioner were well established, the learned Magistrate passed protection order under Section 18(d) of the Domestic Violence Act against the petitioner. Also considering the condition of the aggrieved person and taking into consideration the relevant factors, the learned Magistrate also passed maintenance order under Section 20(d) of the, Domestic Violence Act by directing payment of monthly maintenance amount of Rs. 7,000/ - (Rupees seven thousand) only to the aggrieved person i.e. the respondent herein. Since the petitioner is an employee of the Soil and Water Conservation Department, Govt. of Mizoram, the Cashier of the said department was directed to make the said deduction from the salary of the petitioner and to deposit the same in the bank account of the respondent.