DIGANTA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. N Deka, learned counsel for the petitioner. Also heard Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam and Mrs. A Saikia, learned counsel appearing for respondent No. 2.

(2.) The instant Revision Petition is preferred against the impugned order dtd. 10/6/2023 passed by the Ld. Court of Judicial Magistrate First Class (Ms. Sanskrita Khanikar), Kamrup Metro at Guwahati in Misc Case No. 211/2022 and also against the impugned order dtd. 13/10/2023 passed by the Ld. Court of Additional Sessions Judge No.1, Kamrup Metro at Guwahati in Criminal Appeal No. 37/2023.

(3.) The case of the Revision Petitioner is that the Revision Petitioner is the Respondent in the above noted D.V. Case No. 211/2022 which is presently pending before the Court of the Learned Judicial Magistrate First Class, Ms. Sanskrita Khanikar, Kamrup(M), Guwahati. The marriage between the Petitioner and the Respondent No.2 was solemnized on 11/3/2015. The Revision Petitioner works as an Assistant Teacher in Phaguna Rabha high Scholl, Jatia, Dispur, Guwahati-06 and Respondent No.2/Wife works as an Assistant Teacher in Borangabari L.P. School, Mangaldai, in the District of Darrang, Assam. Soon after the marriage of the parties they had started co-habiting as husband and wife in their home at Narakasur Village. At the time of marriage the Respondent No.2/Wife said that she has been trying and she will positively transfer her job to Guwahati. This was important for the Revision Petitioner because at the time of marriage his mother was bedridden and out of his two (2) brothers one brother has been specially abled. The Revision Petitioner also has one sister who was already married. After marriage the Respondent No.2 did not show any interest to get her job transferred to a nearest place in Guwahati and she quarrelled to stay in a rented house at Barangabari in the district of Darrang. The Respondent No.2 had stayed in her matrimonial home for some days initially after marriage and for those days she used to commute to and fro from Guwahati to Barangabari. In the absence of the Respondent No.2 at her matrimonial home, there was no option, but the Revision Petitioner along with his brother had to discharge all types of household chores and this was mainly due to the employment of the Respondent No.2 in Darrang district. The Respondent No.2's parental home is nearby her place of work and she has a house in Ghoramara, Guwahati. That the Revision Petitioner requested the Respondent No.2 to stay at her matrimonial home regularly so that she can be of some help to the male members of her matrimonial home as there was no female member except her. However, the request of the Revision Petitioner had fallen in her deaf ears and she almost settled herself in Barangabari in a rented house. Out of the wedlock between the parties a male child was born on 21/11/2016. At the time of the delivery of the child the Respondent No.2 did not inform the Revision Petitioner and couple of days later he came to know about the hospitalisation and delivery. He came to see the baby and he had born the entire delivery expenses at the hospital. That after delivery of the baby the Revision Petitioner spent considerable time with the baby and the Respondent No.2 at her parental and at her matrimonial home. However, immediately after the expiry of the maternity leave which the Respondent No.2 availed, she started to live permanently at her rented premise at Barangabari with effect from 6/9/2017. This time, after going there she did not keep any relationship with the Revision Petitioner even over phone. Being highly worried, the Revision Petitioner along with his younger brother on 9/9/2017 went to her rented premises to see the Respondent No.2 and his baby. On reaching there he saw his father-in-law, mother-in-law and brother-in-law present and they stopped him to enter her rented premises and threatened him with dire consequences. They had also called some unknown person to the rented premise over phone and all of them including the Respondent No.2 started assaulting the Revision Petitioner. Having no alternative the Revision Petitioner and his brother somehow escaped from the sudden attack from the Respondent No.2 along with some goons. In the attack the Revision Petitioner was seriously injured and after his medical examination he lodged an F.I.R. in the Mangaldai Police Station on 10/9/2017 and the same was registered as Mangaldai P.S. Case No. 781/2017 under Ss. 342/323/427/379/ 506 and 34 of the Indian Penal code, 1860. Since 6/9/2017 the Respondent No.2 did not return to her matrimonial home and the Revision Petitioner had been denied of his conjugal life and also a blissful life with his new born baby. The Respondent No.2 deserted the Revision Petitioner permanently without paying least respect to her matrimonial commitments. That the Revision Petitioner in spite of non-cooperation from the Respondent No.2 went on to requesting her to come back to her matrimonial home by sending letters and over phone. However, the Respondent No.2 always responded with slang language and threatening or she would disconnect the call. In the backdrop of the cruelty meted out to the Revision Petitioner by the Respondent No. 2, the Revision Petitioner had filed on 8/6/2018 the F. C. (Civil) Case No.562/2018 under Sec. 13 (i-a) and 13 (i-b) of the Hindu Marriage Act, 1955. This case is pending trial. Two (2) years after filing of the divorce case by the Revision Petitioner the Respondent No.2 filed a case for restitution of conjugal life vide F.C. (Civil) Case No.419/2020 (filed on 4/9/2020). During the pendency of the divorce case vide F.C. (Civil) Case No.562/2018 after 4 years 4 months on 21/9/2022, the Respondent No.2 filed the Misc. (D.V.) Case No.211/2022 under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005, praying for various protections. The Revision Petitioner as Respondent No.2 contested the case by filing his Written Statement. The Petition No. 1745/2023 was filed on 10/6/2023 and on the same date 10/6/2023 the Learned Trial court passed its impugned order and directed the Revision Petitioner to allow the Respondent No.2 to reside/continue her stay in the shared household at Guwahati until further orders and allowing other reliefs as prayed by her. Being highly aggrieved and dissatisfied with the impugned order dt. 10/6/2023 passed by the Learned Judicial Magistrate First Class, Kamrup (M), Guwahati in Misc. D.V. Case No. 211/2022 the Revision Petitioner preferred an appeal vide Criminal Appeal No.37/2023 under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 on various grounds. The Appellate court below dismissed the Appeal preferred by the Revision Petitioner.