GUWAHATI GAUHATI HIGH COURT ISSUES ORDER ON ABDUS SALAM LASKAR V/S MUSTT REHIMA BEGUM LASKA

GUWAHATI, India, April 26 -- Gauhati High Court issued the following order on March 26:

1. Heard Mr. S.C. Biswas, learned counsel for the petitioner. None appears for the respondent on call, despite the name of the learned counsel being reflected in the cause list.

2. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC'), the petitioner is assailing the Judgment & Order dated 04.06.2018 passed by the learned Chief Judicial Magistrate, Hailakandi (hereinafter referred to as 'Magistrate Court') in M.R.(D.V.) Case No. 195/2016 and the Judgment & Order dated 25.03.2019 passed by the learned Sessions Judge, Hailakandi (hereinafter referred to as 'Appellate Court') in Criminal Appeal No. 33/2018.

3. The brief facts of the case is that the respondent had filed a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'Act, 2005') before the Magistrate Court alleging domestic violence committed by the petitioner against her. The Magistrate Court upon trying the said case, held the petitioner guilty of committing domestic violence upon the respondent and accordingly, was pleased to direct monthly maintenance of Rs. 4,000/- (Rupees Four Thousand) only and one time compensation of Rs. 2,00,000/- (Rupees Two Lakhs) only.

4. Against the aforesaid order of the Magistrate Court, the petitioner preferred an appeal before the Appellate Court. The Appellate Court by Judgment & Order dated 25.03.2019, though was of the considered view that the Magistrate Court has committed no infirmity in holding the petitioner guilty of committing domestic violence upon the respondent, however, reduced the monetary benefit by modifying the compensation amount to Rs. 1,00,000/- (Rupees 1 Lakh) only and the monthly maintenance to Rs. 3,500/- (Rupees Three Thousand Five Hundred) only. Situated thus, the present criminal petition has been filed.

5. Mr. S.C. Biswas, learned counsel for the petitioner submits that as far as the monthly maintenance is concerned, the petitioner accepted the same. However, as per the compensation amount of Rs. 1,00,000/- (Rupees 1 Lakh) only awarded by the Appellate Court is concerned, there being no evidence of mental torture discernable from the evidences brought on record, such award of compensation is totally erroneous and warrants interference from this Court.

6. I have given my prudent consideration to the argument advanced by the learned counsel for the petitioner and have perused the materials available on record.

7. In order to appreciate the submissions made by the learned counsel for the petitioner as per the award of compensation by the Magistrate Court as well as the Appellate Court, apt to refer to the materials available on record.

8. It appears from the averments made in the complaint that the respondent has alleged that during her pregnancy period, the petitioner did not provide adequate treatment to her and the petitioner has further tortured her both mentally and physically.

9. It appears from the evidence of the respondent before the Magistrate Court as PW-1 that she deposed that the petitioner torturned her on the instigation of his mother as she gave birth to a daughter. She further deposed that in the year 2011, the petitioner tried to set her and her daughter on fire and her uncle came and saved her and sent her to her paternal home. She further deposed that the petitioner demanded Rs. 50,000/- (Rupees Fifty Thousand) only from her and threatened to marry again in the event of non-payment and that after she left, the petitioner married for the second time and is living with the second wife. She further deposed that three numbers of registered talaknama was also sent to her in her paternal home through post.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d%2FtWq81XW6gTtuvog8%2BOzyae1YCJiJXOSmdgMmtiRdgd&caseno=Crl.Pet./325/2020&cCode=1&cino=GAHC010081732020&state_code=6&appFlag=)

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