JUDGMENT :

S.K. Sahoo, J.

Marriage speaks of absolute faithfulness, mutual encouragement, admiration, respect and assistance of the couple to each other with all love and grace to make out a peaceful institution. It is a permanent commitment for life and to admit if one is in wrong, try to rectify it and to be careful in future to see that such wrong things never happen again. Wild accusations against each other without real criticism destroy the sanctity of marriage. Learning to understand the difference and adjustment can make the bond of matrimony stronger. Mistakes and misunderstandings do happen in marital life but one who apologizes amongst two first is the bravest, one who forgives first is the strongest and one who forgets first is the happiest.

This revision petition has been filed by the petitioner Sabita @ Bijuli Sahoo, who is the wife of the opposite party Niranjan Sahoo challenging the impugned judgment and order dated 09.05.2016 passed by the learned District Judge, Nayagarh in Criminal Appeal No. 65 of 2015 in setting aside the order dated 17.10.2015 passed by the learned J.M.F.C., Nayagarh in I.C.C. Case No. 234 of 2014 in directing the opposite party to return a sum of Rs.80,000/-(rupees eighty thousand only) to the petitioner which is the dowry money besides giving custody of the minor girl child to the petitioner.

2. An application under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereafter ‘P.W.D.V. Act’) was filed by the petitioner in the Court of learned J.M.F.C., Nayagarh which was registered in I.C.C. Case No. 234 of 2014 seeking the following reliefs:-

(i) to direct the opposite party to return the baby Soni Sahoo to the lap of the petitioner for better nourishment;

(ii) to direct the opposite party to return back stridhan to the petitioner as per the schedule;

(iii) to direct the opposite party to return back the dowry amount of Rs. Rs.80,000/-(rupees eighty thousand only) to the petitioner;

(iv) to direct the opposite party to pay the compensation towards monetary relief;

(v) to direct the opposite party to pay the maintenance amount awarded in Criminal Misc. Case No. 138 of 2013 immediately after getting notice as interim relief.

3. It is the case of the petitioner that her marriage was solemnized with the opposite party on 17.04.2008 and her mother paid Rs.80,000/-(rupees eighty thousand only) to the opposite party towards dowry and they were blessed with a female child namely Sony on 01.10.2010. The opposite party and his family tortured the petitioner demanding further dowry of Rs.1,00,000/-(rupees one lakh only) and drove her out of the matrimonial house. The petitioner filed a maintenance case under section 125 of Cr.P.C. against the opposite party in the Court of S.D.J.M., Nayagarh and in spite of award of maintenance, the opposite party did not comply with the same. The opposite party also took away the daughter Sony from the custody of the petitioner on false pretext.

4. The opposite party filed his show-cause and while not disputing the marriage and the parenthood of daughter Sony, denied the other accusations leveled against him.

5. During course of hearing, the petitioner examined four witnesses on her behalf and the opposite party also examined four witnesses.

6. Considering the available materials on record, the learned Magistrate was of the view the domestic violence has not been proved from the testimony of the witnesses. However, the learned Magistrate directed the opposite party to return the list of all dowry articles and the dowry money of Rs.80,000/-(rupees eighty thousand only) given at the time of marriage. Apart from that the opposite party was directed to provide the custody of the minor child to the petitioner for a period of one year and in between the petitioner was directed to file case before the appropriate Court for the maintenance and custody of the child.

The order passed by the learned J.M.F.C., Nayagarh was challenged by the opposite party before the