The importance of providing documentary evidence to support claims under the Protection of Women from Domestic Violence Act, 2005.

JUDGMENT :

Rumi Kumari Phukan, J.

Heard Mr. A.K. Gupta, learned counsel for the petitioner as well as Ms. M. Buzarbaruah, learned Legal Aid Counsel, appearing for and on behalf of the respondent No.2.

2. By way of this application u/s.482 CrPC, the petitioner has challenged the order dated 18.06.2018, passed by the learned Sessions Judge, Dibrugarh in Criminal Appeal No.8(1)/18, dismissing the appeal and upholding the order dated 27.12.2017, passed by the learned CJM, Dibrugarh, dismissing the petition No.4711/2013, in C.R. Case No.430C /2008.

3. The factual narration of the case is that the respondent wife filed a complaint u/s.12 read with Section 18 - 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 before the learned CJM, Dibrugarh, praying for various reliefs under the aforesaid provisions which was registered as C.R. Case No.430C /2008 and the said case was also contested by the present petitioner by filing written statement etc. and evidence was also adduced by both the parties. The learned trial Court, by its order dated 16.11.2009, has directed the present petitioner to pay a sum of Rs.15,000/- per month as well as Rs.4,000/- per month for the rented premises of the respondent wife. The appeal preferred against the aforesaid order was dismissed with a direction to the petitioner to comply with the order of the trial Court vide order dated 02.06.2010, in Criminal Appeal No.38(4)/2009. Thereafter the present petitioner filed a petition before the trial Court as on 17.08.2013 contending inter alia that the respondent wife is no more entitled to get any amount for rental as she has now occupied a Government provided house under the Indira Awash Yojana (in short 'the IAY scheme'). The wife (respondent herein) filed her written statement denying the aforesaid contention.

4. The learned trial Court however did not register any separate Misc. Case and by its order dated 27.12.2017, passed an order directing the petitioner to provide the rental that was directed by the trial Court as he failed to prove the contention raised in his petition. The aforesaid order was again challenged by way of Appeal by the present petitioner vide Criminal Appeal No.8(1)/18, on the allegation inter alia that the learned trial Court has failed to appreciate the fact that the respondent wife is residing in a housed provided under the IAY scheme, despite the evidence adduced by the petitioner and dismissed the said appeal.

5. Now the present petition has been preferred against the aforesaid order dated 16.08.2019, passed by the appellate Court, submitting inter alia that the learned appellate Court has not appreciated the fact that the petitioner herein has adduced his evidence as well as the concerned Gaonburha also that his wife/respondent is residing in the allotted house of the Government, under the IAY scheme, which has occasioned failure of justice and as such the aforesaid order is liable to be quashed and set aside.

6. I have heard the submission of learned counsel for the petitioner as well as the learned counsel for the respondent and also gone through the impugned order passed by the learned Appellate Court as well as the learned Trial Court.

7. So far as the claim of the petitioner is concerned, he tried to prove that he is not require to pay the rental amount of Rs.4,000/- to the respondent wife, as she has been residing in the house allotted by the Government under the IAY scheme, as mentioned above. He was also given the opportunity to adduce evidence in support of his contention and accordingly he examined himself and other three witnesses including the concerned Gaonburha. The said witnesses except acceding to the facts, has failed to prove any document to show that such and such house was allotted to the petitioner under the IAY scheme. In their cross-examination, they have also fairly admitted that they have not submitted any document/notification etc. of the Government regarding allotment of such house under the sche