Bibek Chaudhuri, J. – 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 Section 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 29th 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 Section 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/- per month to the aggrieved person and Rs 10,000/- per month for the maintenance of the minor son of the parties and also one-time payment of Rs 25,000/- 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 3rd of February, 2012. The Petitioner filed an application under Section 12 of the said Act, read with Sections 18, 19, 20, 21, and 22 of the said Act on 19th of May 2016. In the said application under Section 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 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 Section 18, residence order under Section 19, monetary relief under Section 20, custody Order of her minor son under Section 21 and compensation order under Section 22 of the said Act by filing the application under Section 12 of the said Act. The Learned Magistrate passed ex parte interim monetary relief at the rate of Rs 15,000/- per month in favour of the Opposite Party and Rs 10,000/- per month for the maintenance of her minor son and one-time payment of Rs 25,000/- 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 Section 29 of the said Act which was dismissed by the Appellate Court.

3. Hence, the Instant Criminal Revision.

4. It is contended on behalf of the Petitioner that according to the Opposite Party, she was driven away from her matrimonial home and was subjected to domestic violence by her husband and other relatives of her husband, lastly on 28th of January, 2014. The application under Section 12 of the said Act was filed on 19th of May, 2016, i.e., after a lapse of 2 years and 3 months and therefore the application under Section 12 was grossly barred by limitation under Section 468 of the Cr.P.C.

5. It is also contended by the Petitioner that the Opposite Party filed Complaint Case No. 1410(C) of 2015 alleging offences against the Petitioner and other matrimonial relations under Section 498A of the IPC read with Sections 3 and 4 of the Dowry Prohibition Act on 3rd of July, 2015. However, the order of cognizance was set aside by the Revisional Court vide order dated 18th of May, 2016, passed in Criminal Revision No. 55 of 2016 and Criminal Revision No. 27 of 2016 on the issue of la