INDRESWAR BHUYAN Vs. INDU BHUYAN

JUDGEMENT

(1.) Heard Mr. A.K. Gupta, learned counsel for the petitioner as well as Ms. M. Buzarbaruah, learned Legal Aid Counsel, appearing for and on behalf of the respondent No.2.

(2.) By way of this application u/s.482 CrPC, the petitioner has challenged the order dated 18.06.2018, passed by the learned Sessions Judge, Dibrugarh in Criminal Appeal No.8(1)/18, dismissing the appeal and upholding the order dated 27.12.2017, passed by the learned CJM, Dibrugarh, dismissing the petition No.4711/2013, in C.R. Case No.430C /2008.

(3.) The factual narration of the case is that the respondent wife filed a complaint u/s.12 read with Section 18 - 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned CJM, Dibrugarh, praying for various reliefs under the aforesaid provisions which was registered as C.R. Case No.430C /2008 and the said case was also contested by the present petitioner by filing written statement etc. and evidence was also adduced by both the parties. The learned trial Court, by its order dated 16.11.2009, has directed the present petitioner to pay a sum of Rs.15,000/- per month as well as Rs.4,000/- per month for the rented premises of the respondent wife. The appeal preferred against the aforesaid order was dismissed with a direction to the petitioner to comply with the order of the trial Court vide order dated 02.06.2010, in Criminal Appeal No.38(4)/2009. Thereafter the present petitioner filed a petition before the trial Court as on 17.08.2013 contending inter alia that the respondent wife is no more entitled to get any amount for rental as she has now occupied a Government provided house under the Indira Awash Yojana (in short 'the IAY scheme'). The wife (respondent herein) filed her written statement denying the aforesaid contention.