RAMENDRA KISHORE BHATTACHARJEE Vs. MADHURIMA BHATTACHARJEE
HIGH COURT TRIPURA
Ramendra Kishore Bhattacharjee
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(1.) This criminal revision petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. hereunder) against the judgment and order dated 18.07.2020 delivered in Criminal Appeal No. 16 of 2018 by the Additional Sessions Judge (Court No.4) West Tripura, Agartala partly allowing the appeal against the judgment and order dated 23.08.2018 passed by the Judicial Magistrate, First class (Court No.8) Agartala in case No. CR 54 of 2016 under the Protection of Women from Domestic Violence Act, 2005 ('the DV Act' in short).
(2.) Brief facts of the case are as under:
The wife presented an application under Section 12 of the DV Act in the court of the Judicial Magistrate of the First class (court No.8) at Agartala on 22.01.2016 seeking various reliefs under the DV Act wherein she referred to several incidents of domestic violence against her husband. It was stated by her that after solemnization of their marriage a son was born to them on 28.05.2001. Their relationship was normal for a period of 01 year only. Thereafter, her husband subjected her to harassment and torture for dowry and since she was unable to meet his demand, she was physically assaulted by her husband on various dates. Gradually he developed an extramarital affair. When the wife raised protest against his conduct he assaulted her. As a result of continuous assault on 16.12.2015 and 17.12.2015 she became ill and received treatment in IGM Hospital at Agartala. Unable to bear his torture, the wife parted with his company on 17.12.2015. In this factual background, she claimed the following reliefs in the trial court under the DV Act:
(i) A protection order under Section 18 of the DV Act restraining her husband from committing acts of domestic violence to her.
(ii) Residence order under Section 19 of the DV Act restraining the husband from dispossessing her from the shared household.
(iii) Monetary relief under Section 20 of the DV Act @Rs.15,000/- per month along with one time medical expenses of Rs.1 lakh.
(iv) Compensation order under Section 22 of the DV Act against the husband for payment of compensation and damages of an amount of Rs.3 lakhs for the injuries including mental torture and emotional distress caused to her by her husband by his acts of domestic violence.
(3.) Her application was registered in the trial court as case no. CR 54 of 2016 and notice was issued to the husband.;
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