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AJAY KUMAR GUPTA
Amit Dutt – Appellant
Versus
Sujata Dutt @ Guha – Respondent
JUDGMENT :
Ajay Kumar Gupta, J:
1. This Criminal Revisional application has been filed by the Petitioner being the husband of opposite party under Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 30th June, 2017 passed by the learned Additional District and Sessions Judge, Durgapur in Criminal Appeal No. 14/2016 thereby affirmed the order dated 28th June, 2016 passed by the learned Additional Chief Judicial Magistrate, Durgapur in Misc. Case No. 141/2011 whereby the learned Magistrate has allowed the petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 on contest and further directed the present Petitioner to pay a sum of Rs. 16,000/-per month as maintenance for the Opposite Party and Rs. 4,000/-per month for the cost of alternative accommodation of Opposite Party so long as the Petitioner could not provide a suitable alternative accommodation to the Opposite Party and further directed to pay a total sum of Rs. 20,000/-per month to the Opposite Party/wife from the date of the order by 7th of every succeeding month failing which the Opposite Party is at liberty to execute the order through the competent Court.
2. The
The duty of a husband to maintain his wife and provide alternative accommodation under the Protection of Women from Domestic Violence Act, 2005 is upheld based on evidence of income and living arrang....
The petitioner failed to provide sufficient evidence to establish compliance with accommodation arrangements, affirming previous court orders for protection.
The obligation of the husband to maintain his wife and unmarried daughter, as per the provisions of Section 125 of the Cr.P.C.
Maintenance must be reasonable and realistic, considering the husband's financial capacity and the wife's needs, reaffirming the duty of a husband to maintain his wife.
The main legal point established in the judgment is that the increase in the husband's pension and income from other sources can warrant the enhancement of maintenance and rent for alternative accomm....
The court established that applications for maintenance under the D.V. Act must be properly categorized, and the Magistrate has the authority to modify maintenance orders based on changed circumstanc....
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