- (1.) This Revisional Application is directed against the order No.6 dated 15th July, 2011 passed by the Learned Additional Sessions Judge, 14th Court, Alipore, South 24-Parganas in Criminal Motion No.126 of 2011 affirming the order dated 11th February, 2011 passed by the Learned Judicial Magistrate, 10th Court, Alipore in Complaint Case No.702 of 2010.
(2.) The factual matrix giving rise to the instant revision may be summarized as follows:- "The O.P./wife filed one complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) against her present petitioner/husband. The petitioner entered into appearance in that case and was contesting the same. In course of such proceedings, the present petitioner filed an application under Section 14 of the said Act praying for an order for counselling between the parties. In that petition, the petitioner stated that he had already filed a Matrimonial Suit being No.137 of 2008 for restitution of conjugal life and that, he is eager to restore their conjugal relation.
(3.) The Learned Magistrate, however, on hearing both the sides, rejected the application filed by the petitioner under Section 14 of the Act observing that since both the parties have got allegations and counter allegations, it is quite difficult for them to reside together.;