The bounden duty of the petitioner to maintain his wife under the Protection of Women from Domestic Violence Act, 2005.

JUDGMENT

Bibek Chaudhuri, J. - Legality, validity and propriety of an order dated 17th July, 2019 passed by the learned Additional Sessions Judge, Fast track 4th Court at Alipore in Criminal Appeal No.283 of 2018 and 290 of 2018 modifying an order dated 16th November, 2018 passed on an application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 in AC No.423 of 2018 and directing the petitioner to pay monetary relief in favour of the opposite party No.2 at the rate of Rs.10,000/- per month is under challenge in the instant criminal revision.

2. Undisputedly, the petitioner and the opposite party are legally married husband and wife. Both of them were divorcee, the opposite party No.2 having a child from her first marriage. Their marriage was solemnised on 25th December, 2009. It is the case of the petitioner that after marriage they happily maintained their marital life. Subsequently the opposite party No.2 started treating the petitioner with cruelty. She used to raise protest against the petitioner's act of looking after his old ailing mother. The dispute between the husband and wife took serious turn where the petitioner was compelled to file Matrimonial Suit No.144 of 2018 praying for divorce against the opposite party No.2. The opposite party No.2 after receiving summons of the matrimonial suit only on retaliation filed an application under Section 12 and Section 23 of the Protection of Women against Domestic Violence Act. The said application was registered as AC No.423 of 2018.

3. The application under Section 23 of the Domestic Violence Act was taken up for hearing by the learned Judicial Magistrate, 3rd Court at Alipore. The learned Magistrate passed an order against the petitioner/husband directing him to pay monetary relief at the rate of Rs.8000/- per month to the opposite party No.2/aggrieve person and Rs.4000/- per month for her minor child from the date of filing of the case.

4. The petitioner challenged the said order in appeal. The Appellate Court disposed of the appeal being Criminal Appeal No.283 of 2018 and 290 of 2018 directing the petitioner/husband to pay monetary relief to the petitioner at the rate of Rs.10,000/- per month. The grounds of attack in the instant revision are as follows:

a) The Application under Section 12 read with Section 23(2) of the Protection of Women from Domestic Violence Act was filed by the opposite party No.2 on retaliation after receiving notice of the matrimonial suit filed by the petitioner against the opposite party.

b) The opposite party No.2 is a practicing Advocate at Alipore court. She has her independent income. She also is the owner of landed properties and a portion of residential house at Canning in the district of South 24 Parganas and she does not require any monetary relief.

c) The learned Judge failed to consider the income of the opposite party and the income tax return filed by him in court during the hearing of the appeal. In order to look after her old ailing mother, the petitioner has resigned from his job and now he is earning a paltry sum of Rs.17,000/- per month as a part time teacher in a private academic institution.

d) The petitioner himself has no source of income to maintain himself therefore he has prayed for alimony pendent lite against his wife, opposite party No.2 in Matrimonial Suit No.144 of 2018.

e) The learned Judge in First Appellate Court failed to consider that the petitioner spent almost the entire money for medical treatment of her mother and he has no source to pay monetary relief to the petitioner.

5. The opposite party No.2 has been contesting the instant revision by filing an affidavit-in-opposition denying and controverting all allegations made out against her in the revisional application. The opposite party No.2 specifically stated that the petitioner works as a Free Lancer Marketing Expert. The petitioner has good experience and strong hold in the field of marketing and he visits various companies for s