AMIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) The present Cr. Revision Application has been filed against the order dtd. 25/6/2019 passed by Additional District and Sessions Judge XIV, Muzaffarpur in Cr. Appeal No. 59 of 2018 arising out of Case No.C-1435 of 2016 under Protection of Women from Domestic Violence Act, 2015 as well as against the order dtd. 22/8/2017 passed by S.D.J.M., Muzaffarpur (East) in C-1435 of 2016 under Domestic Violence Act, by which, the court of S.D.J.M. has directed the petitioner no.1 to secure the proper and safe accommodation for opposite party No.2 in the house or in separate house, if opposite party No.2 wants so they shall keep her with full respect and dignity and shall pay Rs.20,000.00(Twenty Thousands Rupees) per month. It was also ordered that the payment of money shall be made on 15th day of every month by depositing it in bank account of opposite party No.2.

(3.) Learned counsel for the petitioner submits that both the orders are not sustainable due to three reasons. The first reason on which the counsel put emphasis that the order for residence cannot be made as an interim order and, as such, the order passed by original court and the order affirming the order passed by original court by the trial court are fit to be set-aside. In addition to that counsel for the petitioner has raised two more points, the first point he has raised is that the money fixed at Rs.20,000.00 per month is without any reason and without any basis. It should be fixed as per the capacity of petitioner otherwise the order could not be complied. Learned counsel further submits that it is a case of Domestic Violence Act, therefore, it is necessary for the court to first held about the existence of domestic violence and then provide relief under the said Act.