Courts determining maintenance and compensation must mandate the filing of comprehensive affidavits disclosing assets and liabilities. Awards cannot be established through arbitrary income assumptions; they require empirical evidence to ensure the quantum is just and based on the actual financial standing of the parties.

JUDGMENT :

Rajesh Mazumdar, J.

Heard Mr A A Dewan, learned counsel appearing for the petitioner. Also heard Mr R J Baruah, learned Additional Public Prosecutor appearing for the State of Assam and Mr B K Sen, learned counsel appearing as the Legal Aid Counsel for the respondent No. 2.

2. This Criminal Revision Petition arises from an order dated 17.03.2022, passed by the learned Sessions Judge, Nagaon, in Criminal Appeal No. 17(N)/2019, by which the order dated 21.02.2019, passed by the learned Judicial Magistrate First Class, Nagaon, in DV Case No. 137/2016, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, has been modified. The respondent No. 2 herein had, as an applicant/petitioner, preferred DV Case No. 137/2016 under of the Protection Of Women From Domestic Violence Act, 2005 praying for the following reliefs-

“A. Protection order under Section 18

(i) To prohibit the respondents from inflicting or continuing any kind of domestic violence against her.

B. Residence order under Section 19

(i) To direct the respondents to provide for her residence at their house or provide for her alternative accommodation.

(ii) Monetary reliefs under Section 20

(iii) To direct the respondents to provide her Rs. 5,000/- as maintenance to the aggrieved and her child.

C. Compensation under Section 22

(i) Compensation of Rs. 1,00,000/- from the respondents from the respondents for domestic violence.”

3. By an order dated 21.02.2019, the learned JMFC, Nagaon had disposed of the aforesaid DV case by granting a maintenance of Rs. 1,000/- to the respondent No. 2 herein and her child under Section 20 of the PWDV Act. The petitioner herein was also directed to pay a compensation of Rs. 2,000/- to the aggrieved woman under Section 22 of the Act. The relief was required to come into force from the date of the final order. The protection sought for by the aggrieved woman from domestic violence was also allowed.

4. The respondent No. 2 herein had thereafter presented the Criminal Appeal No. 17 (N)/2019, before the learned Sessions Judge, Nagaon, praying for an enhancement of the maintenance granted and also for compensation of Rs. 50,000/-, which was allegedly paid by the respondent No. 2 during the subsistence of the marriage.

5. By the order dated 17th of March, 2022, passed in Criminal Appeal No. 17(N)/2019, the learned Sessions Judge, Nagaon, had enhanced the maintenance to a sum of Rs. 3,500/- towards maintenance of the appellant/wife and her minor son and further a sum of Rs. 40,000/- was found to be just and proper in the form of compensation and accordingly, the same was allowed.

6. The learned counsel for the petitioner in this Criminal Revision Petition has submitted that there is no basis for the learned Appellate Court to have come to a conclusion that the compensation would be fixed at Rs. 3,500/- per month and for fixing the compensation at Rs. 40,000/- per month. The learned counsel for the petitioner submits that the learned Appellate Court had committed an error when it took it upon itself to assume the income of the petitioner on the basis that he might have been a daily wage labourer and by calculating his income under the Minimum Wages Act of 1948, the amount of Rs. 3,500/- was arrived at.

7. The learned counsel for the petitioner has submitted that though it may be true that there has been inflation because of the high rise of price of essential commodities and further, the upbringing of a minor son by providing him nourishment and education could have been factors to be taken into consideration, however, without determining the income, either actual or projected, o