IMPORTANT POINT
Reliefs provided under Domestic Violence Act are civil remedies.

JUDGMENT

Dinesh Kumar Singh, J.—Heard learned counsels for the petitioners and the opposite parties.

2. The present Criminal Revision application is directed against the judgment dated 04.03.2014, passed in Cr. Appeal No. 04 of 2014, by the learned District and Sessions Judge, Vaishali at Hajipur, affirming the ex-parte order dated 24.01.2014, passed by the learned S.D.J.M., Vaishali at Hajipur, in Complaint Case No. 3971/2013, Trial No. 3816/2014, whereby the petitioner no. 1 Manish Kumar Soni has been directed to provide a room in his house for residence purposes, to opposite party no. 2 and her minor daughter, having the facilities of electricity, water, bathroom, latrine and other facilities and to get the room repaired and cleaned at his own cost from time to time. The petitioner no. 1 has further been directed to make payment of Rs. 12,000/-per month to opposite party no. 2 by 15th day of every succeeding month for maintenance, education and other miscellaneous expenses of O.P. No. 2 and her daughter. The petitioners have also been directed not to torture O.P. No. 2 and her child physically or mentally nor will restrain the O.P. No. 2 and her minor child from meeting her relatives. Hence, the setting aside of the order dated 24.01.2014, passed in Complaint Case No. 1397 of 2013, by the learned S.D.J.M., Vaishali at Hajipur as well as the judgment dated 04.03.2014, passed by the learned District and Sessions Judge, Vaishali at Hajipur, has been prayed for.

3. The factual matrix of the case is that opposite party no. 2 filed Complaint No.3971/2013 on 25.11.2013 before the learned Chief Judicial Magistrate, Vaishali at Hajipur, stipulating therein that she was married to petitioner no. 1 on 14.07.2010 and at the time of marriage, Rupees Five Lacs was given in cash and besides this, gifts worth Rupees Ten Lacs were also given to the in-laws. Subsequently, torture was inflicted by the petitioners for non fulfillment of dowry demand of a Car. The O.P. No. 2, subsequently got pregnant and was brought to her parent’s house where she gave birth to a female child but none of the in-laws family members, came to see the new born baby. Assurance was given by the family of O.P. No. 2 to give a Car, when she was taken to the matrimonial house but again torture was inflicted and she was compelled to leave the matrimonial house when the jewellery and other belongings were retained by the petitioners. Subsequently, a criminal case was lodged vide Hajipur Mahila P.S. Case No. 32 of 2013, with accusation under Sections 498A and 406/34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, thereafter the issue got temporarily resolved on assurance of petitioner no. 1 that he will not inflict torture again but subsequently the O.P. No. 2 was driven out from the matrimonial house. Consequently, the Complaint no. 3971 of 2013 was filed under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the ‘Act’) for following reliefs (i) to allow the O. P. No. 2 and her minor daughter to reside in matrimonial house, (ii) the petitioners be restrained from inflicting physical or mental torture upon O.P. No. 2 and her daughter, (iii) O.P. No. 2 be provided Twenty Thousand Rupees per month for maintenance, education of the child and miscellaneous expenses, (iv) the parents/relatives of O.P. No. 2 be allowed to visit the O.P. No. 2 and her child and O.P. No. 2 be allowed to appear at forthcoming examination or for any other relief which the court may deem fit and proper.

4. It appears that the learned Chief Judicial Magistrate, Vaishali at Hajipur, after taking cognizance in the matter, transferred the Complaint under Section 192 Cr. P.C., for enquiry and disposal to the court of the learned S.D.J.M., Vaishali at Hajipur. The learned S.D.J.M. on 28.11.2013, recorded the S.A. of the complainant and the Protection Officer, Vaishali at Hajipur was directed to submit a report. The learned S.D.J.M. vide order