ABDUL RAJAK MAZUMDER Vs. NOOR KHATUN BEGUM

JUDGEMENT

(1.) Heard Mr. H.R.A.Choudhury, learned counsel for the petitioner. None appears for the Opposite Party.

(2.) By this application filed under section 401 read with section 397 Cr.PC the petitioner has challenged the legality and validity of order dated 22.06.2012 passed by the Learned Sessions Judge Hailakandi in Criminal Appeal No. 08/2012 dismissing the appeal and affirming the judgment and order dated 03.02.2012 passed by the Learned Chief Judicial Magistrate Hailakandi in M.R.D.V. case No. 44/2010 directing the petitioner to pay monthly maintenance of Rs. 900/ - and Rs. 500/ - for house rent to the opposite party along with the cost of Rs. 4000/ -.

(3.) The opposite party instituted the proceeding under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as the D.V. Act) stating that she was married to the present petitioner on 08.12.2008 on a dowry of Rs. 50,101/ -. But after 15/16 days of marriage the petitioner started demanding dowry from her and also tortured her physically as well as mentally .Consequently the opposite party fell sick and even at that condition also the present petitioner severely assaulted her on 06.03.2009 and threw her out of the matrimonial house. Compelled, she took shelter in her parental house and since then she had been living with her parents. The present petitioner did not take care of her and also did not provide for any maintenance for her. Under such circumstances she was living an undignified life with undeserved wants.