ROBIJUL ALOM LASKAR Vs. ARIFA FERDOUSI LASKAR

JUDGEMENT

(1.) Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. F.A. Laskar, learned counsel for the respondent.

(2.) This petition, under Ss. 397/401, read with Sec. 482 of the Cr.P.C. has been filed by the petitioner, namely, Robijul Alom Laskar, challenging the legality, propriety and correctness of the judgment and order, dtd. 10/11/2022, passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No.08/2022. It is to be noted here that vide the impugned judgment and order dtd. 10/11/2022, the learned Sessions Judge, Hailakandi dismissed the appeal preferred by the petitioner, and upheld the judgment and order, dtd. 25/11/2021, passed by the learned Chief Judicial Magistrate, Hailakandi in Misc. Case No. 13/2018, in M.R.(D/V) Case No.69/2011. It is also to be mentioned here that vide the impugned judgment and order dtd. 25/11/2021, the learned Chief Judicial Magistrate, Hailakandi directed the petitioner to pay enhanced maintenance, under Sec. 25(2) of the Protection of Women from Domestic Violence Act, 2005 (here-in-after referred to as 'the D.V. Act') to the respondent and her daughter @ Rs.9,000.00, per month.

(3.) The factual background, leading to filing of the present petition, is briefly stated as under:- 'The petitioner, Robijul Alom Laskar got married the respondent, Musstt. Arifa Ferdousi Laskar, on 6/3/2006, and lived together as husband and wife till 21/5/2010, in his house. They were blessed with a girl child also. After one year of the marriage, marital discord surfaced between them and the respondent, since 21/5/2010, started living in her parental abode. Thereafter, the respondent had filed a case, being MR (D/V) Case No.69/2011, under the D.V. Act, before the Court of learned Chief Judicial Magistrate, Hailakandi against the petitioner claiming certain relief(s) under the said Act. In the aforesaid case, the learned Trial Court, after hearing bothsides, vide the judgment and order, dtd. 8/3/2013, directed the petitioner to pay maintenance @ Rs.1,500.00 per month and to their minor daughter @ Rs.1,000.00 per month, Rs.1,000.00 per month towards the house rent and Rs.60,000.00 as Mohorana amount to the respondent, besides Rs.5,000.00 as compensation. The petitioner was further directed to return the educational certificate of the respondent to her'.