The Calcutta High Court on Thursday dismissed a revision petition filed by Amit Kumar Singh, who had challenged an order of the appellate court remanding his wife Pushpa Singh’s domestic violence case for fresh hearing. Justice Uday Kumar made it clear that the remand was necessary to correct fundamental legal lapses at the trial stage.
Background
Amit Kumar Singh and Pushpa Singh married in April 2016 and have a young son. In 2019, Pushpa approached the Magistrate's Court under the Protection of Women from Domestic Violence Act, seeking multiple reliefs- monetary support, a residence order, and return of her stridhan (personal property received at marriage).
The Magistrate, however, passed an ex- parte order in September 2020 granting only ₹10,000 per month as maintenance and ₹50,000 as compensation. Other prayers were left unaddressed. Dissatisfied, Pushpa appealed before the Sessions Court.
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In June 2022, the appellate judge set aside the Magistrate's order and remanded the case, pointing out that both parties had not filed affidavits of their assets and liabilities as required by the Supreme Court in Rajnesh v. Neha (2021). The judge also noted the omission to decide on residence and stridhan reliefs.
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Court’s Observations
Appearing for Amit Kumar Singh, counsel Asis Bhattacharyya argued that the remand was unfair. He stressed that his client earned only ₹24,500 monthly, had an elderly mother to support, and that his wife had left the matrimonial home voluntarily.
''The appellate court should have decided the issue instead of sending it back,'' he said.
On the other side, Pushpa's counsel, Atis Kumar Biswas, defended the order. He submitted that Amit had repeatedly tried to avoid responsibility, filing one application after another to delay compliance.
''The remand ensures all issues, including residence and return of property, are properly examined,''' he remarked.
Justice Uday Kumar sided with the appellate court. He noted that the absence of affidavits on assets and liabilities was a ''foundational legal flaw.'' The bench observed,
''The Appellate Court’s decision to remand the matter was not only justified but necessary to ensure a fair and lawful adjudication.''
The judge further underlined that allegations regarding the wife's conduct and departure from the home were contested issues that required evidence and cross-examination- something only the trial court could handle.
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Decision
Concluding the matter, the High Court dismissed Amit Kumar Singh's revision petition. It affirmed the Sessions Court's June 2022 remand order and directed Amit to appear before the Metropolitan Magistrate, 12th Court, Calcutta, and file his affidavit of assets and liabilities.
The trial court has been asked to complete the fresh inquiry expeditiously, addressing all reliefs sought by Pushpa Singh, including residence and return of stridhan.
With this, the High Court put the responsibility squarely back on the trial court, leaving Amit Kumar Singh with no immediate relief.
Case Title: Amit Kumar Singh vs. Pushpa Singh & Anr.
Case Number: Criminal Revision Petition (CRR) No. 3494 of 2022
