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MADHUMATI MITRA
Krishnendu Das Thakur – Appellant
Versus
State of West of Bengal – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Siva Prosad Ghose, Mr. Chandra Bhanu Sinha and Mr. Rohit Kumar Shaw, Advocates
For the Opp. Party No.2:Mr. Anand Kesari and Mr. Sekhar Mukherjee, Advocates

JUDGMENT

Madhumati Mitra, J.—The petitioner has filed the present application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, praying for quashing/setting aside the impugned order dated 10th October, 2018 passed by the Learned Additional Session Judge, Howrah in Criminal Appeal no.82 of 2017 and the order of rejection of the prayer for stay of the Mis.Execution Case no.298 of 2016 pending before the Learned Judicial Magistrate, Howrah Municipal Court, Howrah arising out of Miscellaneous Case no.27836/2014 under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

2. In Miscellaneous Case no.27836/2014 under Section 12 of the Protection of Women from Domestic Violence Act, the petitioner was directed by the Learned Magistrate to pay Rs.3,000/- per month for maintenance and Rs.800/- per month for rent of alternative accommodation on and from 5th October, 2015 to the opposite party. Thereafter the petitioner initiated a matrimonial suit praying for dissolution of his marriage with his wife and obtained ex parte decree of divorce on 23rd February, 2016. After the decree of divorce the petitioner filed an applica

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