R.K. Bag, J. - (1.) The petitioner husband has preferred the revision under Section 401 read with Section 482 of the Code of Criminal Procedure challenging the order dated February 18, 2015 passed by learned Metropolitan Magistrate, 6th Court, Calcutta, in Misc. Case No.1 of 2014 and prayed for quashing of the entire proceeding under the provisions of the Protection of Women from Domestic Violence Act, 2005 pending before the said court of learned Magistrate.
(2.) The backdrop of the present revisional application is as follows: The opposite party was married to the petitioner on February 8, 2012 and a certificate of marriage in this regard was issued by the Marriage Officer on February 8, 2012. The opposite party wife filed Matrimonial Suit No.212 of 2012 before learned Principal Judge, Family Court, Calcutta praying for decree of annulment of marriage between the petitioner and the opposite party under Section 24 of the Special Marriage Act, 1954. On March 24, 2014 learned Principal Judge, Family Court, Calcutta decreed the said matrimonial suit ex parte and declared the marriage between the petitioner and the opposite party as null and void. The petitioner husband challenged the decree of annulment of the marriage before the High Court at Calcutta by preferring F.A.T. 280 of 2014 which was subsequently converted to F.A. 277 of 2014 after admission of the appeal. On September 24, 2014 the Hon'ble Division Bench of the High Court restrained the opposite party wife from contracting any marriage during the pendency of the said appeal. On February 17, 2015 the Hon'ble Division Bench of the High Court passed a conditional interim order by reducing the amount of permanent alimony of the opposite party wife from Rs.3,500/- per month to Rs.2,500/- per month.
(3.) The opposite party wife started one proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Domestic Violence Act ") against the petitioner husband praying for maintenance and other reliefs. On December 7, 2013 learned Metropolitan Magistrate directed the petitioner husband to pay maintenance @ Rs.6,000/- per month to the opposite party wife w.e.f. the date of filing of the proceeding under the Domestic Violence Act. The petitioner husband was also directed to pay Rs.3,000/- per month to the opposite party wife as rent of alternative accommodation of the opposite party wife w.e.f. the date of the order i.e. December 7, 2013. The petitioner husband challenged the said judgment and order passed by learned Metropolitan Magistrate by preferring Criminal Appeal No.17 of 2014. On July 16, 2014 learned Additional Sessions Judge, 2nd Fast Tract Court, Bichar Bhawan, Calcutta disposed of the said criminal appeal by clarifying the order of maintenance to the extent that the petitioner husband would pay Rs. 2,500/- per month to the opposite party wife w.e.f. the month of April, 2014 and the arrears of maintenance to be paid @ Rs.6,000/- per month till the month of April, 2014. The Appellate Court affirmed the remaining part of the order passed by learned Metropolitan Magistrate including the order of payment of rent for alternative accommodation @ Rs.3,000/- per month as passed by the trial court. By suppressing the fact of preferring Criminal Appeal No.17 of 2014 before the court of sessions, the petitioner husband has preferred the instant revision praying for quashing of the entire proceeding under the Domestic Violence Act and challenging the order of issuance of warrant of arrest against the petitioner husband by learned Metropolitan Magistrate for realisation of the amount of arrears of maintenance.;