Sahjamal Sk & ORS v. State Of West Bengal & ANR

04.4.2023 AB Ct. No.236 CRR 1482 of 2010 In the matter of : Sahjamal Sk & Ors.

Mr. Bidyut Kumar Roy Ms. Sima Biswas .... For the State This revisional application challenges the judgment and order passed by learned Additional Sessions Judge, Burdwan in Criminal Appeal No. 15 of 2009 thereby modifying the order passed by the learned Chief Judicial Magistrate, Burdwan in Misc. case No. 16 of 2009 under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

None is appearing on behalf of the petitioner. This revisional application is pending for 13 years. I do not find any reason to adjourn the case suo motu. Instead I propose to dispose of the revisional application based on materials available on records.

Briefly stated Alia Begum the opposite party No. 2 filed an application under Section 12 of the Protection of Women from Domestic Violence Act against her husband and other inmates of the family seeking protection from domestic violence before the learned Chief Judicial Magistrate, Burdwan. Learned Trial Court after considering

the evidence adduced by the parties directed the husband to pay a sum of Rs.1000/- per month to the petitioner wife towards maintenance and granted compensation to the tune of Rs.15,000/-. The order of learned Trial Court was challenged in the Criminal Appeal 15 of 2009. Learned Appellate Court after re-appreciation of materials on record enhanced the maintenance amount to the tune of Rs.1500/- per month and compensation was also enhanced from Rs.15,000/- to Rs.75,000/- and in addition thereof, a sum of Rs.1,00,000/- was quantified towards stridhan property. Assailing the said judgment of learned Appellate Court this application has been filed. I have perused the impugned judgment. Considering the facts and circumstances as narrated in the impugned judgment, and the present day cost of living as well as cost of gold ornaments etc., I do not find any reason to interfere with the judgment impugned. This criminal revisional application thus stands dismissed being bereft of merit, without any order as to costs.

Let a copy of the order be sent to learned Trial Court for information and necessary action.

(Siddhartha Roy Chowdhury, J.)