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Criminal Revision Petition (C) No.1 of 2018

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

Cril.Revision Petition (C) No.1 of 2018

Mayangkhut Wagar @ Kala aged about 34 years

S/o Md.Rajauddin of Kairang Mamang Umang

Leikai, P.O. & P.S. Heingang, Imphal East District,

Manipur.

... REVISIONER/PETITIONER

- Versus -

Ms. Sajina Shahani aged about 23 years W/o

Md.Mayangkhut Wagar @ Kala of Kairang Awang

Leikai, Litan Makhong at present Khurai Heikru

Makhong Epum Mapal, P.S. Heingang, Imphal

East District, Manipur.

... OPPOSITE PARTY

B E F

O R

E

HON’BLE MR. JUSTICE MV MURALIDARAN

For the petitioner

::

Md. Jalaluddin, Sr. Advocate.

For the respondent

::

Mr. Th. Jugindro, Advocate.

Date of Hearing

::

24.04.2019

Date

of

Judgment

&

Order

::

29.05.2019.

JUDGMENT & ORDER

(CAV)

This Criminal Revision Petition is directed against the

order of the learned Sessions Judge, Imphal East dated

Digitally signed by WAIKHOM TONEN

MEITEI

DN: c=IN, o=Personal,

2.5.4.20=2bc3ef4c6029fd1a0cfbe18d082

ac7da00d8c6db68269dfc15ecbc396f6a0

380, postalCode=795005, st=MANIPUR,

serialNumber=dd340facd2eaa2357c38c3

f421b62b4b4ad51d4bef35837928d4eba

b4f6a3736, cn=WAIKHOM TONEN MEITEI

Date: 2019.05.31 14:52:14 +05'30'

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Criminal Revision Petition (C) No.1 of 2018

30.11.2017 in Criminal Appeal No.9 of 2017 preferred against

the order dated 04.01.2017 passed by the learned Chief

Judicial Magistrate, Imphal East in Criminal (DV) Case No.6 of

2015, which is a proceedings under Section 12 of the Protection

of Women from Domestic Violence Act, 2005 (for short <the said

Act=).

2.

The revision petitioner is the husband and the

respondent herein is the wife.

3.

The revision petitioner has filed Criminal Appeal No.9

of 2017 before the learned Sessions Judge, Imphal East

against the order dated 04.01.2017 passed by the learned Chief

Judicial Magistrate, Imphal East, wherein and whereby, the

learned Chief Judicial Magistrate directed the revision petitioner

to pay maintenance of Rs.1,000/- per month to the respondent

on or before 10^th of every English calendar month and a sum of

Rs.1,50,000/- as compensation within a period of three months

from the date of the said order. However, the learned Sessions

Judge, Imphal East while confirming the maintenance amount,

modified the compensation to the effect that the revision

petitioner should pay a sum of Rs.1,00,000/- as compensation

in four instalments of Rs.25,000/- each on four successive

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Criminal Revision Petition (C) No.1 of 2018

months and the first instalment was directed to be paid within

15 days of the receipt of copy of the order. Assailing the

decision of the learned Sessions Judge, Imphal East, the

present revision has been filed by the petitioner.

4.

Succinctly stated, the respondent had filed a petition

under Section 12 of the said Act for various reliefs. Her case

was, after one year of living together at the matrimonial home,

the revision petitioner started neglecting her and threatened to

give divorce and asked her to return to her parental home under

the influence of alcohol and other intoxicated things. According

to the respondent, the revision petitioner harassed her in

various forms mentally and physically. In fact during the month

of May, 2014, the revision petitioner and others started fierce

arguments about her pregnancy and forced her to abort, which

has no basis and thereafter, abused her by using filthy

language, dragged her inside the room, kicked on the thigh and

forced her to lie on the bed after physical assault and tried to do

unwarranted acts which the revision petitioner ought not do and

to the objection made he slapped on her face and head, for no

reason. Consequent to this, the respondent ran out of the room

to the neighbour’s house for saving her and finally, decided to

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Criminal Revision Petition (C) No.1 of 2018

leave the matrimonial