The court clarified the nature of interlocutory orders and their impact on the rights of the parties involved.

JUDGMENT

Bibek Chaudhuri, J. - The wife/petitioner has filed the instant criminal revision challenging legality, validity and propriety of the order dated 24th February, 2020 passed in Criminal Appeal No.33 of 2020 by the learned Sessions Judge, South 24 Parganas at Alipore staying operation of the order passed by the learned Judicial Magistrate, 9th Court at Alipore in Misc Case No.AC 4538 of 2019 under Sections 12/23 of the Protection of Women from Domestic Violence Act, 2005 (hereafter described as the said Act) directing the opposite party to provide a suitable accommodation to the petitioner (aggrieved person) in the shared household, if the aggrieved person is willing to stay.

2. For proper adjudication of the instant criminal revision, the following facts are required to be recorded:

3. The petitioner being the wife of the opposite party filed an application under Section 12 of the said Act on 28th August, 2019 for different reliefs available to her in the said Act including residence order under Section 19 of the said Act. In the said proceeding, the petitioner filed an application under Section 23 of the said Act praying for interim relief. The opposite party entered appearance in the said case and filed written objection against the petitioner's application under Section 23 of the said Act. Vide order dated 13th February, 2020, the learned Magistrate passed an order disposing of the application under Section 23 of the said Act providing various interim reliefs to the wife/aggrieved person. The opposite party was directed to provide a suitable accommodation to the petitioner in the shared household if the petitioner is willing to stay.

4. The said order was challenged in appeal by the opposite party before the learned Sessions Judge, South 24 Parganas at Alipore which was registered as Criminal Appeal No.33 of 2020. The learned Sessions Judge passed a limited order of stay of the order passed in Misc Case no. AC 4538 of 2019 so far as it relates to the direction upon the present opposite party to provide a suitable accommodation to the petitioner in the shared household.

5. The petitioner being aggrieved by the order of stay passed by the learned Sessions Judge, South 24 Parganas, Alipore has filed the instant criminal revision.

6. It is submitted by Mr. Sabyasachi Banerjee, learned Advocate for the petitioner that marriage of the petitioner with the opposite party was solemnized on 22nd February, 2019. The petitioner has been staying at her paternal home since 10th April, 2019 following a matrimonial discord and being victim of domestic violence by the opposite party and other matrimonial relations.

7. The learned Advocate for the petitioner next draws my attention to the prayer made by the petitioner in her application under Section 12 read with Section 23 of the said Act. In prayer II, the petitioner has prayed for "Residence order under Section 19 of the Act...." . The said prayer is subdivided by the following prayers:

(A) Restraining the respondents from alienating/ dispossessing/encumbering the shared house hold.

(B) An order entitling the aggrieved person for continuing access to her personal assets.

(C) An order directing the respondents to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to.

(D) An order directing the respondents to secure same level of alternate accommodation or to pay rent for the same in favour the aggrieved person.

Mr. Banerjee next draws my attention to Section 19 of the said Act. The said Section runs thus:-

19. Residence orders.-

(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable