PUNIT AGARWAL Vs. ANKITA JAIN

JUDGEMENT

(1.) The instant Criminal Revision is directed against an order, dated 6th of September, 2021, passed by the Learned Additional Session Judge, XVIth, Bhojpur at Ara, in Criminal Appeal No. 23 of 2017, under Sec. 29 of the Protection of Women from Domestic Violence Act 2005, (hereinafter described as the "said Act"), whereby and whereunder, the Learned Sessions Judge affirmed the order, dated 29 th of November, 2016, passed by the Learned Additional Chief Judicial Magistrate, VIth Court, Bhojpur at Ara in Complaint Case No. 175(C) of 2016, being a proceeding under Sec. 12 of the Domestic Violence Act, allowing ex parte interim monetary relief, directing the Petitioner to pay monetary relief at the rate of Rs.15,000.00 per month to the aggrieved person and Rs.10,000.00 per month for the maintenance of the minor son of the parties and also one-time payment of Rs.25,000.00 under the head of expenses of education of the said minor son of the parties.

(2.) It appears from the materials on record that marriage between the Petitioner and the Opposite Party was solemnized according to the Hindu Rites and Ceremonies on 3 rd of February, 2012. The Petitioner filed an application under Sec. 12 of the said Act, read with Ss. 18, 19, 20, 21, and 22 of the said Act on 19th of May 2016. In the said application under Sec. 12, it was stated by the Opposite Party that she was consistently cheated by her husband, the Petitioner herein. The matrimonial relations of the applicant/Opposite Party snatched away her original passport, academic certificates and birth certificate of her son. They also misappropriated ornaments of the applicant, amounting to Rs.15.00 lakhs and also her wearing apparels. The applicant/Opposite Party left her matrimonial home on being tortured by the Petitioner and other matrimonial relations. They are presently residing at Ara Town, Dist- Bhojpur at the parental house of the Opposite Party. The Petitioner/husband employed local goons and anti-social elements and they are still threatening her and her minor son whenever they are out of the house for the purpose of taking the minor child of the parties to the school or for any other purpose. Accordingly, the applicant/Opposite Party prayed for protection order under Sec. 18, residence order under Sec. 19, monetary relief under Sec. 20, custody Order of her minor son under Sec. 21 and compensation order under Sec. 22 of the said Act by filing the application under Sec. 12 of the said Act. The Learned Magistrate passed ex parte interim monetary relief at the rate of Rs.15,000.00 per month in favour of the Opposite Party and Rs.10,000.00 per month for the maintenance of her minor son and one-time payment of Rs.25,000.00 to the head of expenses of education of her son by passing an order, dated 29th of November, 2016. The Petitioner/husband preferred an appeal under Sec. 29 of the said Act which was dismissed by the Appellate Court.

(3.) Hence, the Instant Criminal Revision.