Smt. Dibya Prasad vs Vikash Kumar Bari & Ors
2021 Latest Caselaw 4412 Cal

26.08.2021 IN THE HIGH COURT AT CALCUTTA Item No.4 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

CRAN 1 of 2021 with CRAN 2 of 2021 in C.R.R. 533 of 2019 (Via Video Conference)

Smt. Dibya Prasad versus Vikash Kumar Bari & Ors.

Mr. Pawan Kumar Gupta, Mr. Awadhesh Kumar Rai, Ms. Sofia Nesar ... For the Wife/Petitioner/Applicant in CRAN 2 of 2021.

Mr. Ankit Agarwal, Ms. Alotriya Mukherjee ... For the Husband/Opposite Party No.1/ Applicant in CRAN 1 of 2021.

This revisional application was disposed of on

20.02.2020 wherein a co-ordinate Bench of this Court was

pleased to direct the husband/opposite party no.1 to pay a

sum of Rs.10,000/- per month by way of interim

maintenance to the wife/petitioner. By the said order, the co-

ordinate Bench was pleased to record that the order for grant

of maintenance passed by way of interim measure shall take

effect from the date thereof.

The application being CRAN 1 of 2021 has been

preferred by the husband/opposite party no.1 on the issue

that there were facts which were suppressed by the wife and

she was earning huge amount which was not placed before

this Court for consideration and as such, a sum of

Rs.10,000/- by way of interim measure was decided by this

Hon'ble Court.

On the other hand, the application being CRAN 2 of

2021 has been preferred at the instance of the wife/petitioner

for modifying the order so that the interim maintenance is

made applicable from the date of filing of the application.

In view of the fact that the revisional application has

been disposed of finally, this Court is not inclined to sit in an

appeal over the judgment passed by a co-ordinate Bench of

this Court. If there are changed circumstances, as contended

by the learned advocate for the husband/opposite party no.1,

the same should be brought before the learned Magistrate by

invoking appropriate provisions of law which the learned

Magistrate would consider by adhering to such provisions.

So far as the contention of the wife/petitioner is

concerned, at the time of final disposal of the revisional

application, if the learned Magistrate is of the view that the

maintenance shall be awarded, the learned Magistrate would

consider if such maintenance is to be awarded from the date

of filing of the application and assign special reasons for not

awarding the same.

With the aforesaid observations, CRAN 1 of 2021 and

CRAN 2 of 2021 are disposed of.

Supplementary affidavit filed on behalf of the

husband/opposite party no.1 be kept with the record.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)