- (1.) The affidavit of service filed in Court today is kept on record. The judgment and order dated December 17, 2012 passed by learned Additional District & Sessions Judge, Fast Track Court, Durgapur in Criminal Appeal No. 01/2012 affirming the judgment and order dated December 3, 2010 passed by the learned Judicial Magistrate, 3rd Court, Durgapur in Misc. Case No. 127/2009 under section 12 of the Protection of Women from Domestic Violence Act, 2005, has been assailed in this application.
(2.) It appears that learned Magistrate while disposing of the application under the provisions of the Act of 2005 directed as follows: "That the case is allowed. The petitioner do get the reliefs as prayed for: a) Protection order under section 18 of the Act prohibiting a) the respondents thereby to commit any further domestic violence upon the petitioner and b) From entering in the place where the petitioner resides with her daughter; c) communicate with the petitioner and her family; d) alienating the stridhan articles of the petitioner; b) Residence order under section 19 directing the respondent to secure same level of alternative accommodation to the petitioner and pay the rent for the same. c) Monetary reliefs under section 20 of the act to the tune of Rs. 10,000/- as medical expenses. The respondents are further directed to pay a sum of Rs. 5000/- to the petitioner and Rs. 6000/- to her minor female child as monthly maintenance, which is to be paid within the 15th day of each succeeding month. No other reliefs could be considered in this regard as the petitioner has not provided any document to substantiate her claim towards the respondents. d) The respondents are further directed to pay a sum of Rs. 20,000/- as compensation under section 22 of the Act to the petitioner for the damages, injuries, mental agony and torture inflicted by him towards the petitioner. e) Other reliefs claimed by the petitioner are hereby considered and rejected for want of proper substantive evidence."
(3.) The order passed by the learned Magistrate, as aforesaid, was appealed against before the learned Additional District and Sessions Judge at Durgapur, who granted an order of stay to the order impugned in the appeal on condition that the petitioner shall go on paying Rs. 3,500/- per month. By the order impugned in this revisional application, the learned Sessions Judge has dismissed the appeal on the ground that the interim order had not been complied with.;