NILAKANTA MALAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R. Choudhury, learned counsel for the petitioner as well as the learned Addl. Public Prosecutor, Assam representing the State respondent no.1. Also heard Ms. Debashree Saikia, Legal Aid Counsel for respondent no.2.

(2.) The petitioners herein has been arrayed as party respondents in Misc. (Domestic Violence) Case No.301/2018 filed by the respondent no.2 under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 and the learned trial court on receipt of such petition took cognizance of the matter and vide order dtd. 2/7/2018 passed ex parte maintenance order in favour of the respondent no.2 directing the petitioners to pay sum of Rs.4,500.00(rupees four thousand five hundred) until further order(s) or final disposal of the case.

(3.) Challenging the aforesaid order, the present petitioners have come up before this Court with the instant petition under Sec. 482/401 CrPC contending that the said ex parte order is bad in law, inasmuch, such order has been passed without hearing the petitioners' side and there is no prima facie material to show that the respondent no.2 was subjected to domestic violence by the petitioners herein (all in-laws and husband), as because the respondent no.2 only remained only for few months in her matrimonial house and after returning from there, she filed the petition before the court below after one year of her return.