Point of Law: Section 23 of Domestic Violence Act provides for interim maintenance.

JUDGMENT :

Heard Ms. D. Saikia, learned Amicus Curie; Mr. P.S. Lahkar, learned Addl. P.P. for the State respondent No. 1; and Mr. R. Islam, learned counsel for the respondent No. 2.

2. In this petition, under sections 397/401 read with section 482 of the Cr.P.C., the petitioner has to put to challenge the judgment and order, dated 22.04.2019, passed by the learned Additional Sessions Judge No. 2, Kamrup [M], Guwahati, in Criminal Appeal No. 86/2018. It is to be noted here that vide impugned judgment and order, dated 22.04.2019, the learned Additional Sessions Judge No. 2, Kamrup [M], Guwahati has dismissed the appeal preferred by the petitioner under section 29 of the Protection of Women from Domestic Violence Act, 2005. It is also to be noted here that vide impugned order, dated 22.05.2018, the learned Judicial Magistrate First Class, Kamrup [M], Guwahati in D.V. Case No. 116M/2017, directed the petitioner to pay a sum of Rs. 5,000/- per month, as interim maintenance to the respondent No. 2.

3. The background facts leading to filing of the present petition are adumbrated here in below:-

“The respondent No. 2, Miss Asmina Khatun got married with the petitioner on 23.02.2017, by executed one marriage agreement and performed Nikah before a Moulana, namely, Rahis Uddin of Gandhi Basti, Guwhati-3, in presence of the friends, guardian of the respondent No. 2 and some local people of the society. After solemnization of the marriage the respondent No. 2 proceeded to the house of the petitioner situated at village Gharuabaha, under Mukalmua Police Station of Nalbari District and started conjugal life. Thereafter, on 30.03.2017, the petitioner, who happened to be an Advocate of Nalbari Court, went to attend his duty then suddenly a lady namely, Mariyom Begum arrived at residence of the petitioner and demanded herself as the wife of the petitioner and started quarrel with her and thereafter, the petitioner arrived at there on being called and then only she came to know that the said lady is the first wife of the petitioner and he kept the matter concealed and the respondent No.2 was in complete dark about the first marriage of the petitioner. Thereafter, she was compelled to live with the first wife of the petitioner at his house and after two days she suffered mental shock, agony and headache for which she was taken to the Nalbari Hospital. On the next day, the petitioner declared that she is a barren lady like his first wife and subjected her to torture and rebuked her with abusive words, and having been threatened, she left the matrimonial house and thereafter, an effort was made to settle the matter amicably, but, the same failed to yield any result and being left with no option she filed a petition under section 12 of the Domestic Violence Act, 2005 before the learned Chief Judicial Magistrate, Kamrup [M] which was registered as DV Case No. 116m/2017, and later on, the same was transferred to the court of learned Judicial Magistrate, Kamrup [M] Guwahati for disposal.

On receipt of notice the petitioner appeared before the court below and submitted his written objection. Thereafter, the Protection Officer, Kamrup [M] Guwahati also submitted one Domestic Incident Report (herein after DIR) dated 10.10.2017. Thereafter, on 08.02.2018, the respondent No. 2 had preferred one petition, under section 23 of the Domestic Violence Act, 2005 for granting interim maintenance, which was opposed by the petitioner on the ground that there was no valid marriage between her and the petitioner. Thereafter, the learned court below, after hearing both the parties, vide impugned order dated 22.05.2018, directed the petitioner to pay interim maintenance @ of Rs. 5,000/- per month to the respondent No. 2.

Being aggrieved by the impugned order, the petitioner preferred an appeal under section 29 before the learned Additional Session Judge No. 2, Kamrup [M] Guwahati and after hearing both the sides the learned Additional Sessions Judge No. 2, Kamrup [M] Guwahati