RAMAI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. K. Bordoloi, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent as well as Mr. D. Baruah, learned counsel for the respondent Nos. 2 and 3.

(2.) This is an application filed under Sec. 397 read with Sec. 482 of the Code of Criminal Procedure,1973, praying for setting aside and quashing of the order dtd. 6/12/2021 passed by the learned Additional Chief Judicial Magistrate, Karimganj in Misc. Case No.318/2016, whereby, directed the petitioner to make a payment of Rs.10,000.00(Rupees Ten thousand) only per month as a maintenance to the aggrieved person i.e. the respondent No.2 and Rs.8,000.00 (Rupees Eight thousand) only per month towards the maintenance of her child. Thus, the petitioner was directed to pay a total maintenance of Rs.18,000.00 (Rupees Eighteen thousand) only per month towards the maintenance to the present respondent No.2 and for her child from the date of filing the petition.

(3.) The brief fact of the case is that; the respondent No.2 filed a case under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (in short 'PWDV Act') seeking for monthly maintenance for herself as well as for her daughter/respondent No.3. The respondent No.2 further sought for relief under Ss. 17, 18, 19, 20, 22, 23(2) and 26 of PWDV Act. After receipt of summons/notice from the Court, the present petitioner appeared before the Court and filed his written statement. The learned Trial Court after considering the facts and circumstances of this case and hearing both the sides passed the order directing the petitioner to make a payment of Rs.10,000.00(Rupees Ten thousand) only per month as maintenance to the aggrieved person i.e. the respondent No.2 and Rs.8,000.00 (Rupees Eight thousand) only per month towards the maintenance of the child. Further, the learned Trial Court also directed the present petitioner to pay Rs.10,000.00 (Rupees Ten thousand) only as a cost of proceedings and Rs.20,000.00 (Rupees Twenty thousand) only as compensation to be paid by the aggrieved party/present respondent Nos.2 and 3 by the petitioner. More so, the present petitioner is further directed to apply for the education allowance and medical facilities to the Railway Department for the present respondent No.2 and her child.