ABHISHEK MAITRA Vs. BARBIE BHATTACHARJYA
HIGH COURT OF GAUHATI (AT: AGARTALA)
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MIR ALFAZ ALI,J. -
(1.) Heard learned senior counsel, Mr. B. Banerjee for the petitioner and learned counsel Mr. H.S. Kalsi for the respondent.
(2.) Aggrieved by the order dated 20-06-2018 passed by learned Addl. Sessions Judge (FTC) No. 4, Kamrup, Guwahati in Crl. Appeal No. 189/2017 and order dated 19-09-2016 passed
by learned Addl. Chief Judicial Magistrate, Kamrup, Guwahati in Misc. Case 58m/2016, the
petitioner has filed the instant criminal petition, praying for quashing the orders, impugned.
(3.) The petitioner, herein, is the husband of the respondent. The respondent, as petitioner, filed an application before the Judicial Magistrate under Section 12 of the Protection of Women from
domestic Violence Act, 2005 (for short D.V. Act), seeking various reliefs. The respondent also filed
an affidavit in terms of Section 23 (2) of the D.V. Act, for passing ex-parte order and acting upon the
said affidavit filed by the respondent, the learned Judicial Magistrate passed an ex-parte order on
19-06-2016, whereby, following interim directions were given :-
"1. That he is injuncted from committing/repeating any form of domestic violence upon the aggrieved person.
2. Prohibited to alienate assets of aggrieved person including her streedhan articles.
3. Respondent no. 1 is to pay monthly maintenance of Rs. five thousand only w.e.f. today.
4. Respondent No. 1 is directed to secure aggrieved person an alternative accommodation, as per parties standing or to provide her Rs. 3,000/- (Rupees three thousand only) as house rent." ;
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