Subrata Podder vs Unknown
2021 Latest Caselaw 4382 Cal

    39
24.8.2021
    sb

                                       CRR 1400 of 2021
                                   (Via video conference)


            In re : An application under Section 482 read with Sections
            397/401 of the Code of Criminal Procedure, 1973.

            In   the matter of : Subrata Podder
                                                              ..... Petitioner

                   Mr. Kushal Kr. Mukherjee
                                         .....For the Petitioner

                   Dr. Jyotirmay Som ......For the Respondent

By the order impugned dated April 16, 2021, learned

Magistrate in the Court below granted an interim maintenance of

Rs. 6000/- per month to the opposite party from the date of the

filing of the case.

It has been submitted by the learned advocate for the

petitioner that the learned Magistrate has passed the order

impugned without following the mandate of the Supreme Court

given in the case reported at 2020 (4) Crimes 291 (SC) 291

(Rajnesh v. Neha).

By referring to the said judgment, the learned advocate for

the petitioner submits that at the time of granting the interim

maintenance, the affidavits of disclosure of assets and liabilities

of the parties have to be considered by the learned Magistrate,

but in this case, the said procedure has not been followed by the

learned Magistrate. Therefore, the order of the learned

Magistrate is liable to be set aside.

I find substance in the argument of the learned advocate

for the petitioner, but at the same time, the petitioner's

obligation to maintain her wife cannot be lost sight of.

I dispose of the revisional application with a direction

upon the learned Magistrate to decide the application for interim

maintenance within a period of six months from date. In passing

the order of interim maintenance, the learned Magistrate shall

adopt the procedure as mandated by the Supreme Court in

Rajnesh case(supra). Till such prayer for interim maintenance is

decided, the petitioner will go on paying Rs. 4000/- per month to

the opposite party as her maintenance.

It is made clear that I have not gone into the merit of the

maintenance application, I have granted Rs. 4,000/- per month

to the petitioner so that she can sustain herself until her prayer

for interim maintenance is decided by the learned Magistrate.

Accordingly, CRR 1400 of 2021 is disposed of.

All parties are to act on the server copy of this order duly

downloaded from the website of this court.

(Kausik Chanda, J.)