Heard Mr. S. Chakraborty, learned counsel for the petitioner as well as Mr. H.S.Kalsi, learned counsel for the respondent.

2. The petitioner herein preferred this revision petition under Section 401 read with Section 482 of the Cr.P.C. for quashing the Misc. Case No. 29 m/12 pending in the Court of learned SDJM -1, Kamrup, Guwahati wherein by order dated 2.8.2012 the learned trail Court has directed the petitioner to pay interim maintenance of Rs.8000/- per month to the respondent wife challenging the maintainability of the proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005

3. The respondent filed a complaint before the learned Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (herein after referred to as ‘Domestic Violence Act’). The contents of the complaint petition disclosed that the opposite party/respondent has alleged various incidents of domestic violence during her stay with the petitioner in the matrimonial house and she was compelled to leave the company of the petitioner due to such domestic violence on the part of the husband and other in-laws. She has prayed for monetary relief other various reliefs under the provisions of the Domestic Violence Act. The petitioner being the husband of the respondent challenged the aforesaid proceedings under Section 12 of the Domestic Violence Act by filing written statement. The learned Magistrate by order dated 2.8.2012 has directed the petitioner to pay interim maintenance of Rs.8000/- per month to the respondent –wife. The said order is under challenge in the revision along with the prayer for quashing the entire proceedings.

4. In the present revision petition the petitioner herein has mentioned about so many aspects as about the marriage between the parties and about the birth of the son the fact that since after the transfer of petitioner to New Delhi the respondent was not inclined to join him for which he resided in single accommodation. It contends that the petitioner has serious doubt about illicit relationship of the respondent with one officer of Indian Navy namely Lieutenant Kunal Kishore for non joining him at the place of posting. In the meantime, they have filed a mutual divorce petition as on 3.11.2009 but subsequently it was withdrawn. Thereafter the respondent started living with said Kunal Kishor at Vishakapattanam since 2009 to 2011. Moreover on the application made by the respondent the Naval Authorities upon due enquiry granted maintenance to their minor son. The respondent also filed a divorce case (TS 116/10) before the District Judge, Dibrugarh in the year 2010 as well as maintenance petition (Misc. Case 70/11) in the year 2011 before the SDJM, Dibrugarh which are still pending. During pendency of the aforesaid petition at Dibrugarh District the present application under the Domestic Violence Act was filed in the Court of SDJM, Guwahati is stated to be bad in law inasmuch as this Court has no jurisdiction to entertain the petition as the petitioner is a resident of Dibrugarh. Further it has been contended that the petitioner already obtained an order for restitution of conjugal right from the Court of Alhabad dated 1.11.2012 but respondent has not yet joined to him.

5. Regarding the petition under the Domestic Violence Act that has been filed by the respondent it is submitted that same was filed in a perfunctory manner only to make illegal and undue gain inasmuch as in the petition almost all the clauses have been tick marked without substantiating the relevant facts. Similarly the learned trial Court has passed the impugned order without taking into consideration the objection made by the petitioner.

6. The respondent herein has filed affidavit-in-reply denying all the allegations made by the petitioner contending that the provision of section 482 cannot be invoked to resist the due execution of the interlocutory order that has been passed by the learned trial Cour