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S. G. CHATTOPADHYAY
Sankha Subhra Roy Choudhury – Appellant
Versus
Sarmistha Banik – Respondent
JUDGMENT
[1] By means of filing this criminal revision petition, petitioner Sankha Subhra Roy Choudhury has challenged the judgment and order dated 01.04.2021 passed by the Additional Sessions Judge, West Tripura, Agartala in Criminal Appeal 27 of 2018 whereby the learned Additional Sessions Judge remanded the case to the trial court with the following directions:
“17…………………………Having observed thus, I am of the considered opinion that the order so passed by the Ld. Trial Court is arbitrary and cannot sustain. Accordingly, the order dated 09/10/2018 passed by the Trial Court in Case No. CR 43 of 2016 stands set aside with direction to the Ld. Trial Court to record the evidence of the appellant petitioner namely, Sarmistha Banik in regard to the present source of income of the respondent No.1 in determining the quantum of maintenance to be awarded in favour of the Appellant Petitioner. Trial Court is also to accept the documentary evidence in regard to the income of Respondent No.1, if produced and proceed in the way, an application under section 125 of Cr. PC is disposed of and while disposing of the record, it must be borne in mind that acts of domestic violence upon the appellant by
The appellate court ruled that even a single incident of domestic violence is sufficient to warrant maintenance, emphasizing the need for both parties to present fresh evidence upon retrial.
Maintenance under the Domestic Violence Act can only be granted if the victim proves domestic violence as defined under the Act.
The main legal point established in the judgment is that a widowed daughter-in-law is entitled to maintenance and other relief from her father-in-law according to the provisions of the PWDV Act.
Allegations of domestic violence must be proven for entitlement to reliefs under the DV Act, and the court may consider the respondent's financial resources in determining maintenance allowance.
The entitlement of reliefs under the Protection of Women from Domestic Violence Act, 2005, is based on the occurrence of domestic violence and the suffering of the aggrieved person, as established by....
Domestic violence legislation mandates adequate monetary relief for the aggrieved spouse, with courts retaining jurisdiction to modify relief only under exceptional circumstances, substantiated by ev....
The court affirmed that domestic violence encompasses various forms of abuse, and maintenance should be awarded from the date of the application under the DV Act, not the date of the order.
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