CRR/1919/2026 of RABI SANKAR CHOWDHURY AND OTHERS Vs SOMA CHOWDHURY on 29 September 2026

1. The petitioners have filed this revisional application assailing the judgment and order dated 31st March, 2026 passed by the learned Additional Sessions Judge, Fast Track Court, Serampore, Hooghly in Criminal Appeal No. 06/2020 (CIS No. 06/2020).

2. By the said judgment, the learned judge has upheld and affirmed the ex parte order dated 18th November, 2019 passed by the learned Judicial Magistrate, 5th Court, Serampore, Hooghly in connection with Misc. (D.V.) Case No. 173/2018 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 thereby directing the petitioner No.1 to make payment of Rs. 6000/- per month, if the petitioner failed to provide her accommodation in shared household along with additional Monetary relief of Rs.6,000/- per month payable within the 15th day of every succeeding month and further directed the petitioner to pay the compensation to the tune of Rs. 1 lakh to the opposite party.

3. It is submitted by the learned advocate appearing for the petitioner that the proceeding was initiated against them by the opposite party/ wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 praying some protection under Sections 18 / 19 / 20 / 22 of the Protection of Women from Domestic Violence Act, 2005. The said case was proceeded ex parte observing that the notice was duly served upon the present petitioners, although the petitioners did not receive any summons from the learned trial court.

4. He draws attention to the annexures containing the Aadhar Card, Voter Card in respect of petitioner no. 1 and Aadhar Card in respect of petitioner nos. 2 and 3 showing their actual place of residential address, which is different from the cause title and the Pin Code mentioned in the application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 from where it can be easily ascertained that the address mentioned by the opposite party in the said application is wrong therefore, service of notice upon the petitioners does not arise. The petitioners did not receive the summon from the Learned Court. He prays for setting aside of the impugned order passed by the learned trial court and opportunity should be given to contest the case, otherwise, the petitioners will suffer irreparable injury.

5. Having heard the learned advocates appearing for the petitioners and considering the materials on record, this Court finds that the petitioners have made out an arguable case. However, it requires hearing in presence of opposite party.

6. Let notice including the copy of this revisional application and its annexures be served upon opposite party and shall file affidavit-of-service on the returnable date.

7. Pending disposal of this application, the judgment and order dated 31st March, 2026 passed by the learned Additional Sessions Judge, Fast Track Court, Serampore, Hooghly in Criminal appeal No.06 of 2020 shall remain stayed subject to payment of continuous monetary relief @ Rs. 6,000/- and alternative accommodation @ Rs. 6,000/- per month each in favour of the opposite party.

8. Such amount of payment shall be adjusted after final disposal of this case.

9. List this matter before the regular Bench one week after the ensuing Puja Vacation for further consideration under the heading ‘Contested Application’.

10. All parties shall act in terms of the copy of this order duly downloaded from the official website of this Court.

11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Ajay Kumar Gupta, J.)