GURU PRASAD CHATTOPADHYAY Vs. STATE OF WEST BENGAL & ANR
LAWS(CAL)-2017-12-84
HIGH COURT OF CALCUTTA
Decided on December 08,2017

Guru Prasad Chattopadhyay Appellant
VERSUS
State Of West Bengal And Anr Respondents

JUDGEMENT

Md. Mumtaz Khan, J. - (1.) The instant revision has been preferred by the petitioner/husband assailing the judgment and order dated September 17, 2015 passed by the learned Sessions Judge, Birbhum in Criminal Appeal No.34 of 2013 dismissing the appeal.
(2.) The facts leading to the instant revision, in brief, are as follows:
(3.) Opposite party no.2/wife filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as PWDV Act, or Act, 2005) against the husband namely the petitioner, her brother- in-law and sisters-in-law before the learned Chief Judicial Magistrate seeking reliefs under Sections 18, 19, 20, 21 and 22 of the said Act. It was registered as Misc. Case No. 129/2010 and notices were issued. In consequence to the said notice only petitioner/husband appeared and contested the said application by filing written objection. Both parties adduced their respective evidences and thereafter, learned Chief Judicial Magistrate after hearing both parties allowed the application of the opposite party no.2/wife directing the husband, the petitioner herein, to pay a maintenance allowance @ Rs.15,000/- per month to the wife, the opposite party no.2 herein, till his retirement and thereafter @ Rs.8,000/- per month under the provision of Section 20 of the PWDV Act and also a sum of Rs.5,00,000/-(rupees five lakh) as compensation to her under the provision of Section 22 of the PWDV Act with further direction upon the petitioner/husband to arrange alternative accommodation to the wife/opposite party no.2 under the provision of Section 19 of the PWDV Act within local jurisdiction of Bolpur measuring not less than 750 sq. ft. with reasonable amenities for living therein and the rent thereof not exceeding Rs. 5,000/- per month excluding the electricity charges. A protection order in view of the provision of Section 18 of the PWDV Act was also passed in favour of the opposite party no.2, permanently restraining the petitioner/husband from entering into the said tenanted house and perpetrating any act of domestic violence upon the opposite party no.2/wife either himself or by aiding or abetting the commission thereof and also restrained him from keeping any contact whatsoever either personally or by any sort of oral, documentary, electronic or telephonic contact. The said order was directed to take effect from the date of the judgment i.e. from June 27,2013.;


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