- (1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure against the judgment and order dated 10.12.2010 passed by the Learned Additional Sessions Judge, Fast Track, 8th Court, Bichar Bhawan, Calcutta in Criminal Appeal No. 14 of 2010 affirming thereby the order dated 11.01.2010 passed by the Learned Metropolitan Magistrate 14th Court, Calcutta in Case No. C/09/10 under Section 12 and 23 of the Protection of Women from Domestic Violence Act, 2005.
(2.) The Petitioner/wife/aggrieved person filed a case bearing No. C/9/10 under Section 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'Act'), alleging that she was married with the O.P. on 12th August 1986. After marriage they lived together as husband and wife in the matrimonial home. Out of the wedlock one son and one daughter were born. The Respondent used to assault her physically and commit torture upon her. The Petitioner was driven out from the matrimonial home on 20.10.93. The Petitioner has prayed for monthly maintenance @ Rs. 15,000/- per month for herself with two children and a further sum of Rs. 1,25,000/- only in lump towards the litigation expenses and compensation etc.
(3.) The Learned Magistrate vide order dated 11.01.10 passed an order prohibiting the Respondent from committing any act of domestic violence upon the Petitioner and from alienating any assets of the Petitioner including the articles which were given to her at the time of marriage. The Respondent has been further directed to pay a sum of Rs. 4000/- per month to the Petitioner to meet the expenses of herself and her children. The Respondent has also been restrained from alienating or disposing of the shared household i.e. the two flats owned by the Respondent at 34, K. G. Bose Sarani, Kolkata - 700 085 till disposal of the case.;