IN THE HIGH COURT OF CALCUTTA
MD. MUMTAZ KHAN, J.
Guru Prasad Chattopadhyay - Petitioner
Versus
The State of West Bengal & Anr. - Respondent
CRR No. 3723 of 2015
Decided on : 08-12-2017
Protection of Women from Domestic Violence Act - Application under Section 12 - Sections 18, 19, 20, 21, 22 - Summary of Acts and Sections: The court discussed the provisions of Sections 12, 18, 19, 20, 21, and 22 of the Protection of Women from Domestic Violence Act, 2005. It highlighted the procedure for obtaining orders of reliefs, including compensation and damages, and the requirements for making an application for such reliefs. The court also emphasized the power of the Magistrate to grant relief under Section 22 while disposing of the application under Section 12. The judgment focused on the award of compensation, alternative accommodation, and protection order under the Act, and the subsequent enhancement of compensation amount by the Sessions Judge.
Fact of the Case:
The wife filed an application under Section 12 of the Protection of Women from Domestic Violence Act, seeking reliefs under Sections 18, 19, 20, 21, and 22. The Magistrate granted the application, including maintenance, compensation, alternative accommodation, and protection order. The husband appealed, challenging the compensation and alternative accommodation. The Sessions Judge affirmed the order but enhanced the compensation amount. The husband filed a revision against the enhancement of compensation.
Finding of the Court:
The court set aside the enhancement of compensation amount but affirmed the order granting compensation of Rs.5,00,000 and other reliefs. The court found that the wife was entitled to the awarded reliefs based on the evidence and circumstances of the case.
Issues: The issues revolved around the grant of compensation, alternative accommodation, and other reliefs under the Protection of Women from Domestic Violence Act, as well as the enhancement of compensation amount by the Sessions Judge.
Ratio Decidendi: The court held that the Magistrate was justified in awarding compensation while disposing of the application under Section 12, and the Sessions Judge's enhancement of compensation was not justified. The court also affirmed the grant of alternative accommodation and other reliefs based on the evidence and circumstances.
Final Decision: The criminal revision succeeded in part, setting aside the enhancement of compensation amount and affirming the order granting compensation of Rs.5,00,000 and other reliefs. The revision was disposed of with no order as to costs.
MD. MUMTAZ KHAN, J.
1. The instant revision has been preferred by the petitioner/husband assailing the judgment and order dated September 17, 2015 passed by the learned Sessions Judge, Birbhum in Criminal Appeal No.34 of 2013 dismissing the appeal.
2. The facts leading to the instant revision, in brief, are as follows:
Opposite party no.2/wife filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as PWDV Act, or Act, 2005) against the husband namely the petitioner, her brother-in-law and sisters-in-law before the learned Chief Judicial Magistrate seeking reliefs under Sections 18, 19, 20, 21 and 22 of the said Act. It was registered as Misc. Case No. 129/2010 and notices were issued. In consequence to the said notice only petitioner/husband appeared and contested the said application by filing written objection. Both parties adduced their respective evidences and thereafter, learned Chief Judicial Magistrate after hearing both parties allowed the application of the opposite party no.2/wife directing the husband, the petitioner herein, to pay a maintenance allowance @ Rs.15,000/- per month to the wife, the opposite party no.2 herein, till his retirement and thereafter @ Rs.8,000/- per month under the provision of Section 20 of the PWDV Act and also a sum of Rs.5,00,000/-(rupees five lakh) as compensation to her under the provision of Section 22 of the PWDV Act with further direction upon the petitioner/husband to arrange alternative accommodation to the wife/opposite party no.2 under the provision of Section 19 of the PWDV Act within local jurisdiction of Bolpur measuring not less than 750 sq. ft. with reasonable amenities for living therein and the rent thereof not exceeding Rs. 5,000/- per month excluding the electricity charges. A protection order in view of the provision of Section 18 of the PWDV Act was also passed in favour of the opposite party no.2, permanently restraining the petitioner/husband from entering into the said tenanted house and perpetrating any act of domestic violence upon the opposite party no.2/wife either himself or by aiding or abetting the commission thereof and also restrained him from keeping any contact whatsoever either personally or by any sort of oral, documentary, electronic or telephonic contact.
3. The said order was directed to take effect from the date of the judgment i.e. from June 27, 2013.
4. Being aggrieved by the same, petitioner /husband preferred appeal before the learned Sessions Judge, Birbhum being Criminal Appeal no. 34 of 2013 and the learned Sessions Judge after hearing the parties declined to interfere with the order of the learned Magistrate with regard to the maintenance order granted under Section 20, alternative accommodation with specification and the amount of rent granted under Section 19, protection order granted under Section 18 of the PWDV Act but enhanced the amount of compensation granted under Section 22 of the Act to Rs.6,00,000/-(rupees six lakh) with a direction that entire arrear amount to be paid within 4 months from the date of the order and the amount of Rs.6,00,000/-(rupees six lakh) to be paid in 5 equal installments in 5 consecutive months.
5. Being aggrieved by and dissatisfied with the same petitioner/husband has preferred the instant revision assailing the impugned judgment and order passed by the learned Sessions Judge.
6. Mr. Ayan Bhattacharya, learned Advocate appearing for the petitioner/husband, submitted that petitioner's only grievance is with regard to alternative accommodation and compensation granted under Sections 19 and 22 of the PWDV Act respectively and not against the maintenance order granted under the provision of Section 20 of the PWDV Act.
7. According to Mr. Bhattacharya, for granting compensation under Section 22 of the PWDV Act a separate application is required and as there was no such separate application for grant of compensation learned Magistrate was not
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