JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred against the Judgment and Order dated 06.03.2020 passed by the learned Additional District and Sessions Judge, Fast Track 4th Court, Barasat, North 24 Parganas in Criminal Revision No. 34 of 2018 thereby dismissing the same and affirming the order dated 30.05.2018 passed by the learned Additional Chief Judicial Magistrate, Bidhannagar, North 24 Parganas in C. Case No. 3893 of 2017 under Section 23 of the Protection of Women from Domestic Violence Act, 2005 thereby directing the petitioner to pay an interim maintenance of Rs. 10,000/- per month to the opposite party within 10th day of every succeeding English calendar month commencing from the date of filing of the case till the final disposal of the case.

2. The petitioner's case is that the petitioner, aged about 32 years is the unfortunate husband of the opposite party herein, who has been subjected to immense mental torture and harassment by the opposite party by way of a mala-fide application of domestic violence based on fabricated allegations and baseless grounds.

3. The petitioner states that in 2017, the petitioner's father had placed an advertisement for the petitioner's marriage in “Bengali matrimony” where they came across the profile of the opposite party. Thereafter, the petitioner's father had contacted the opposite party's father who claimed to be a professor at the Indian Statistical Institute, Baranagar and requested that the petitioner and the opposite party should be allowed to communicate by telephone for further development.

4. That when the petitioner started to meet and interact with the opposite party on and from 19.02.2017, he had disclosed every fact about himself to the opposite party, including his psychiatric treatment for depression amongst other things. On the other hand, the opposite party would present lies and misleading statements about herself and her family. The opposite party's father was active in abetting the opposite party in all regards. The petitioner and the opposite party also got intimate under the assurance of getting married to each other which resulted in the opposite party demanding an early marriage on the ground of her alleged pregnancy which the petitioner and his family readily accepted.

5. The petitioner states that he got married to the opposite party on 23.05.2017 according to Hindu rites and customs, which was registered on the same date.

6. The petitioner and the opposite party started their conjugal life at the residence of the petitioner.

7. It is stated that the opposite party and her father had hatched a conspiracy to harass and cause mental anguish to the petitioner and his family. On 22nd August, 2017, the opposite party had emptied all the valuables and articles, including the important documents and valuable belongings to herself as well as the petitioner and deserted him voluntarily on her own accord.

8. That in addition to such atrocities as mentioned hereinabove, the opposite party filed applications under Sections 12 and 23 of the Protection of Women From Domestic Violence Act, 2005 before the learned Additional Chief Judicial Magistrate, Bidhannagar being C. Case No. 3893 of 2017 inter-alia, praying for monetary relief amongst several other reliefs.

9. The petitioner filed a written objection refuting the allegations made against him and stating the actual facts.

10. By an order dated 30.05.2018, the learned Additional Chief Judicial Magistrate, Bidhannagar was pleased to observe as follows:

“that the petitioner's/aggrieved person's application for interim maintenance is allowed in part on contest. The respondent no. 1 is hereby directed to pay Rs. 10,000/- per mensem to the petitioner/aggrieved person from the date of filing of this case. Such amount has to be paid within 10th day of each succeeding English calendar month for which it becomes due.”

11. The petitioner/opposite party therein then preferred an appeal being criminal revision no. 3