GUWAHATI, India, July 3 -- Gauhati High Court issued the following order on June 3:

1. Heard Mr. Darakullah, learned counsel for the petitioner. Also heard Mr. S. Nawaz, learned counsel for the respondent No. 1 and Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent No. 2.

2. This is an application under Sections 397/401 of the code of Criminal Procedure, 1973, against the impugned judgment and order dated 16.10.2023 passed by the learned Additional Session Judge No. 2, Nagaon in Criminal Appeal No. 42/2023 in connection with DV Case No. 609/2018 under Section 29 of the Protection of Women from Domestic Violence Act, 2005 whereby, the appeal was admitted for hearing subject to payment of 50% of the maintenance amount to the aggrieved till disposal of the appeal.

3. The case of the petitioner, in brief is that, the respondent No. 1 and the petitioner are husband and wife, having married in the year 2016 under Mohammaden Law. However, allegations were made against the present petitioner, stating that the respondent No. 1 was subjected to physical and mental torture by the petitioner and other family members in various ways. Accordingly, the respondent No. 1 filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and the learned JMFC, Nagaon, took cognizance of the said petition and issued processed accordingly.

4. On receipt of the process, the petitioner appeared before the learned Court below, filed his written objection, and after hearing both sides, the learned JMFC passed an order dated 15.09.2023, whereby, Rs. 5000/- (Rupees Five thousand) was granted towards monthly maintenance for the respondent No. 1 and directed the petitioner to pay compensation of Rs. 40,000/- (Rupees Forty thousand) to the aggrieved/respondent No. 1.

5. On being aggrieved and dissatisfied with the order of the learned trial Court below dated 15.09.2023, the present petitioner preferred an appeal under Section 29 of Protection of Women from Domestic Violence Act, 2005 for setting aside the aforesaid judgment and order by the learned Court below.

6. The learned Appellate Court i.e., the learned Additional Session Judge No. 2, Nagaon had accordingly admitted the appeal subject to payment of 50% of monthly maintenance to the aggrieved/respondent No. 1 till disposal of the appeal without giving any due consideration to the contention of the petitioner.

7. The petitioner, being highly aggrieved and dissatisfied with the impugned order dated 16.10.2023 passed by the learned Additional Session Judge No. 2, has preferred the present petition.

8. Mr. Darakullah, learned counsel for the petitioner, submitted that the payment of Rs. 5000/- (Rupees Five thousand) as maintenance and Rs. 40,000/- (Rupees Forty thousand) as compensation was fixed based on unsubstantiated assertions by respondent No. 1, without considering the petitioner's source of income. Furthermore, the learned trial Court below also failed to consider that respondent No. 1 as PW-1, had deposed before the Court that she was previously married to one, namely, Sirajuddin of Rangaloo, prior to her marriage with the present appellant, and had lived with him as husband and wife for about 14 years. Moreover, she had neither obtained a decree of divorce nor applied for divorce before any competent Court or Kazi office from her exhusband prior to solemnization of marriage with the petitioner which already means that her earlier marriage is still subsists.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpEkia63b4PWHpbJkZPot%2BB9PKh%2B1PsXOS%2FOc5MZTV%2FS3&caseno=Crl.Rev.P./554/2023&cCode=1&cino=GAHC010286702023&state_code=6&appFlag=)

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