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PARTHIVJYOTISAIKIA
BIREN SUTRADHAR S/O LATE KHUSIMOHAN SUTRADHAR – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
PARTHIVJYOTISAIKIA, J.
1. Heard Mr. K. Bhuyan, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam representing Respondent No. 1 and Mr. N. Ahmed, the learned counsel for the Respondent No. 2.
2. This is an application under Section 397 read with Section 401 of the Criminal Procedure Code whereby the impugned order dated 24.02.2023 passed by the learned Sub-Divisional Judicial Magistrate (S), Barpeta in C.R. Case No. 346/2019 under Section of the Protection of Women from Domestic Violence Act, 2005 is put to challenge.
3. The Respondent No. 2 filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the court below. The trial court after hearing both sides, directed the present petitioner to do certain things and also directed the petitioner to pay a monthly maintenance of Rs. 5,000/- to the Respondent No. 2. The court below also directed the present petitioner to pay an amount of Rs. 30,000/- as compensation to the Respondent No. 2.
4. Aggrieved by the aforesaid judgment, this criminal revision petition has been preferred.
5. I have considered the submissions made by t
The judgment underscores the importance of compliance with procedural guidelines in maintenance proceedings under the Protection of Women from Domestic Violence Act.
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
Maintenance under Section 125 Cr.P.C. requires financial disclosure from both parties to ensure just outcomes, and non-compliance does not invalidate previous orders.
Courts determining maintenance and compensation must mandate the filing of comprehensive affidavits disclosing assets and liabilities. Awards cannot be established through arbitrary income assumption....
The court clarified the balance between the right to contest ex parte orders and the necessity for maintenance under domestic violence legislation.
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