1. Heard Mr. D.K. Bordoloi, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent as well as Mr. D. Baruah, learned counsel for the respondent Nos. 2 and 3.

2. This is an application filed under Section 397 read with Section 482 of the Code of Criminal Procedure,1973, praying for setting aside and quashing of the order dated 06.12.2021 passed by the learned Additional Chief Judicial Magistrate, Karimganj in Misc. Case No. 318/2016, whereby, directed the petitioner to make a payment of Rs. 10,000/- (Rupees Ten thousand) only per month as a maintenance to the aggrieved person i.e. the respondent No. 2 and Rs. 8,000/- (Rupees Eight thousand) only per month towards the maintenance of her child. Thus, the petitioner was directed to pay a total maintenance of Rs. 18,000/- (Rupees Eighteen thousand) only per month towards the maintenance to the present respondent No. 2 and for her child from the date of filing the petition.

3. The brief fact of the case is that; the respondent No. 2 filed a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short ‘PWDV Act’) seeking for monthly maint