TARUN CHANDRA GOSWAMI Vs. JOYSHREE SARMAH

JUDGEMENT

(1.) Heard Mr. N. Chakraborty, learned Counsel, appearing for the petitioner. By this application, filed under Section 397/398 and 401 Cr.P.C., the petitioner, namely, Sri Tarun Chandra Goswami, who is the husband of the respondent, has challenged the judgment and order, dated 07.08.2013, passed by the learned Sessions Judge, Darrang, Mangaldai, whereby the learned Sessions Judge set aside order, dated 27.05.2013, passed by the learned Judicial Magistrate 1st Class, Darrang, Mangaldai, in MR Case No. 157/2013, with regard to the payment of interim maintenance allowance and upheld the order, passed by the learned Judicial Magistrate 1st Class regarding return of streedhan property.

(2.) The respondent, claiming to be the wife of the petitioner No. 1, filed an application under Section 12 of Protection of Woman from Domestic Violence Act, 2005 (hereinafter called as "the Act") seeking relief under Sections 19,20 and 22 of the Act. On receipt of the said application, the learned Judicial Magistrate 1st Class, Darrang, by the impugned order, dated 27.05.2013, passed in MR Case No. 157/2013, granted exparte monetary relief of Rs.1500/ - per month each in favour of the wife respondent and her minor child. The learned Magistrate, by the said order, also directed the petitioner to return the streedhan property, mentioned in the schedule of the application.

(3.) Aggrieved by the said order, the husband petitioner preferred an appeal before the learned Sessions Judge, Darrang, Mangaldai, on the grounds, amongst others, that the said order was passed without giving any notice to the petitioner.