Bhuwneshwar Chauhan vs The State of Jharkhand

Rakesh Ranjan Prasad, J.—Learned counsel appearing for the petitioners submits that on an application filed u/s 12 of the Protection of Women from Domestic Violence Act, an order was, passed on 4.8.2012 in Miscellaneous Case No. 15 of 2011 to the effect that the petitioners shall be making payment of Rs. 3,000/- for fooding, clothing, medical expenses and in addition to that, a sum of Rs. 2,000/- as maintenance and also to pay the amount, which would be spent by the Opp. Parties for having an alternative accommodation. Pursuant to that order, the petitioners have been making payment of a sum of Rs. 5,500/- per month. Out of which, Rs. 3,000/- is being paid for fooding, clothing and medical expenses and Rs. 2,000/- for maintenance and that apart Rs. 500/- is also being paid per month. Still an application was filed for non-compliance of the direction issued by the court below under order dated 4.8.2012, whereas the petitioners had never violated any of the order passed by the court below.

It was further submitted that so far as the matter of payment towards rental, for alternative accommodation is concerned, it had never been communicated by the wife that she had taken any house on rent and, therefore, the question of paying rental, on account of having alternative accommodation, does not arise. That apart, the petitioners have been making extra payment of Rs. 500/- every month and in that event, the order passed on 27.1.2014 whereby cognizance of the offence punishable u/s 31 of the Protection of Women from Domestic Violence Act has been taken against the petitioners, is bad and consequently, the order for issuance of warrant of arrest, also becomes bad.

In view of the submission, let notice be issued to the Opp. Party Nos. 2 & 3, on filing requisites etc. under registered cover with A/D by Tomorrow i.e. on 4.4.2014.

Meanwhile, a sum of Rs. 5,000/- be deposited before the court below towards legal expenses, which the Opp. Party Nos. 2 and 3 would be incurring in defending this case.

Let this matter be listed in anticipation of the appearance of the Opp. Party Nos. 2 & 3.

Till then, warrant of arrest issued against the petitioners, named above, shall not be executed in connection with Misc. Case No. 15 of 2011, pending in the Court of Sri S.K. Singh, learned Judicial Magistrate, 1st Class, Hazaribagh. Let a copy of this order be communicated through Fax at the cost of the petitioners.