The appellate court's modification of maintenance was set aside for failing to adhere to the Domestic Violence Act, confirming the trial court's decision.

1. Heard Mrs. Sujata Deb (Gupta), learned counsel appearing for the petitioner - wife. Also heard Mr. C.S. Sinha, learned counsel appearing for the respondent - husband.

2. By means of this revision petition filed under S.397 read with S.401 of the Code of Criminal Procedure (Cr.P.C., for short), the petitioner has challenged the judgment dated 15.09.2021 passed by the learned Additional Sessions Judge, Court No.5, West Tripura, Agartala in case No. Criminal Appeal 07 of 2020 whereby the learned Judge has modified the judgment dated 28.03.2019 passed by the learned Judicial Magistrate 1st Class, Court No.5, Agartala, West Tripura in case No. CR 507 of 2015 directing the respondent - husband to take the petitioner - wife and her two sons to share household and provide them comfortable accommodation and shall not subject them, failing which he has to pay monthly maintenance of Rs.3,000/- each, i.e. in total Rs.9,000/- per month to them.

3. Petitioner has prayed for the following reliefs:
"(i) Admit the petition of the appellant.
(ii) Call for records from the Trial Court in CR 507/2015, Ld. Judicial Magistrate First Class, Court No.5, Agartala, West Tripura as well as the records of Appellate Court below in Criminal Appeal No.07/2020, Ld. Addl. Sessions Judge, West Tripura, Agartala, Court No.5.
(iii) Issue notice upon the respondent.
(iv) After hearing the parties, interfere and modify the Judgment and order dated 15.09.2021 passed in Criminal Appeal No.07/2020 passed by Ld. Addl. District Sessions Judge, West Tripura, Agartala and pass an order to direct the respondent to pay compensation / damages for the injuries including mental torture and emotional distress of the appellant caused by the act of domestic violence committed by the respondent. AND
(v) Pass such further order or orders, direction or directions as the Hon'ble Court may deem fit and proper having regard to the circumstances of the case."

4. Case of the petitioner - wife as it revealed from the judgment of trial Court as well as from record, in a nutshell, is that the petitioner Smt. Kanika Sarkar was married to the respondent Sri Ashok Kumar Gupta on 10.03.2010 and at the time of marriage as per demand dowry of Rs.1,00,000/- was given in cash to the respondent along with other movable articles. But within 15 days of the marriage, the respondent started demanding more money from the petitioner who somehow managed to handover Rs.85,000/- to the respondent. Subsequently, the respondent off and on demanded money as dowry from the petitioner and when she expressed her inability to meet up his demand, the respondent started to beat her up both physically and mentally. Finding no other alternative, the petitioner filed a complaint against her husband and in laws before the East Agartala P.S. under S.498A / 34 of IPC. Meanwhile, twin sons were born out of their wedlock and the criminal case was disposed of on compromise. But the torture upon the petitioner was continued by the respondent and his family members and in June, 2013 petitioner was driven out from her matrimonial home along with her twins. Thereafter, the petitioner filed a case for maintenance and the learned Trial Court vide judgment dated 28.03.2019 allowed her maintenance. Aggrieved thereby, the respondent - husband preferred an appeal before the learned Addl. Sessions Judge, Court No.5, West Tripura, Agartala whereby the learned Addl. Sessions Judge vide judgment dated 15.09.2021 allowed the appeal modifying the judgment of the learned trial Court and granted maintenance for the two children only. Assailing the impugned judgment of the learned Addl. Sessions Judge, petitioner has