PRAMOD KUMAR ROY Vs. VARTIKA RAI

JUDGEMENT

(1.) Though, the opposite party entered appearance in the instant proceeding through her learned Advocate, namely Mr. Ashok Kumar by filing vakalatnama on 5 th/6/5/2019, when the matter is called on, the opposite party is not represented. I have heard the learned Advocate for the petitioner.

(2.) Only issue involved in the instant Revision is as to whether the trial court in a proceeding under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 can pass final order without giving any opportunity to the parties to adduce the evidence and secondly, whether such order can be upheld by the court of Appeal in Criminal Appeal No. 216 of 2018 which is impugned in the instant Revision. Factual aspect of the matter though not highly relevant to dispose of the instant Revision, it may be noted down that the petitioner is the husband of the opposite party and their marriage was solemnized on 18/11/2013. After marriage, the opposite party complaint of having the victim of domestic violence and filed an application under Sec. 12 of the aforesaid Act praying for relief as contemplated under Ss. 18,19,20 and 22 of the said Act.

(3.) The present petitioner being the opposite party in the trial court entered appearance and filed his show cause/written statement on affidavit and on the basis of the statements made by the parties on affidavit, the trial court passed an order of granting monetary relief in favour of the opposite party directing the petitioner to pay a sum of Rs.23,000.00 by way of maintenance to be deposited in the existing account of the opposite party.