JUDGEMENT
BIBEK CHAUDHURI,J. -
(1.) Both the revisional applications were heard analogously and the court delivers the following judgment on conclusion of hearing.
(2.) Parties to both the revisions are married couple and their marital tie is still subsisting. In CRR No.3508 of 2019 the aggrieved person/wife is the petitioner, while in CRR No.2856 of 2019 the respondent and her mother are the petitioners. The dispute between the parties cropped up as a result of marital discord following filing of application under Section 12 read with Sections 17, 18, 19, 20, 21, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (hereafter described as the said Act) filed by the aggrieved person/petitioner in CRR No.3508 of 2019.
(3.) The application under Section 12 read with other coordinate provisions of the said Act was registered as MISCN 4 of 2019 in 20th Court of the learned Metropolitan Magistrate at Calcutta. By an order dated 29th June, 2019 the learned Metropolitan Magistrate passed an order on an application under Section 23(2) of the said Act which runs thus:
"That the prayer under Section 23 of this Act is allowed on contest. Petitioner do get an interim protection order under Section 18 of the said Act and respondents are restrained from committing, aiding or abetting any act of domestic violence upon the petitioner. Petitioner is entitled to get an interim order under Section 19(f) of the said Act and the respondent No.1 is directed to secure same level of alternate accommodation for the petitioner as enjoyed by her in the shared household or to pay the rent for the same as per the choice of petitioner in Kolkata to the tune of rupees twenty thousand (Rs.20,000/-) per month which shall be payable by 3rd of every succeeding English Calendar month from the date of this order. Petitioner and her minor child are hereby entitled to interim maintenance under Section 20(1)(d) of the Act and accordingly, respondent No.1 is directed to pay maintenance to petitioner and her minor son to the tune of rupees thirty thousand (Rs.30,000) per month for the petitioner and rupees ten thousand (Rs.10,000/- only) per month for their minor son which shall be payable by 3rd of every succeeding English Calendar month from the date of this order. Since, the child is in custody of petitioner so, there is no need of any interim order regarding custody of that child as it is also not leveled up."
;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.