Bibek Chaudhuri, J. – Though, the opposite party entered appearance in the instant proceeding through her learned Advocate, namely Mr. Ashok Kumar by filing vakalatnama on 5th/6th May, 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 Section 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 18th November, 2013. After marriage, the opposite party complaint of having the victim of domestic violence and filed an application under Section 12 of the aforesaid Act praying for relief as contemplated under Sections 18,19,20 and 22 of the said Act.

3. The present p