AMALENDU BIKASH SAHA Vs. KALYANI SAHA

JUDGEMENT

(1.) In the instant revisional application order dated 31.07.2010 passed by the learned Additional Sessions Judge, 8th Court at Alipore in Criminal Appeal No. 52 of 2010 has been assailed.

(2.) The petitioners contend that the opposite party no. 1 Smt. Kalyani Saha filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking reliefs under Sections 18, 19, 20 and 22 of the said Act along with an application under Section 23 of the said Act for interim reliefs. On 12.04.2010 the learned Chief Judicial Magistrate at Alipore has passed an order in the said complaint case no. C-2276 of 2007 directing the three petitioners and the proforma opposite party nos. 3 and 4 to pay a sum of Rs. 2,000/- per mensem each, i.e., a total sum of Rs. 10,000/- per mensem to the opposite party no. 1 until further order. THE learned Court below has also passed an order restraining the opposite parties including the proforma opposite parties from committing any domestic violence in the nature of threatening and from committing any act which is derogatory, undignified to the opposite party no. 1 and also directed them not to evict or oust the opposite party no. 1 from the share of household particularly from two rooms at first floor and two rooms at fourth floor in occupation of opposite party no. 1 at premises no. 91/3C, Tollygongue Road, P.S. Charu Market, District 24 Parganas.

(3.) From the rival contention of all the parties it appears that the following points need be considered: