Amit Kumar Singh vs Unknown
2021 Latest Caselaw 186 Cal

14.01.2021
 Mithun
 Sl. No.14.
    D/L.
 Ct.No.30
                               CRR/3577/2019
                                     with
                            I.A. No:CRAN/1/2020


              In the matter of : Amit Kumar Singh.

                                                       ...the petitioner.
              Mr.Asish Bhattacharyya, Adv.
                                                      ...for the petitioner.

              Mr.S. Biswas, Adv.
                                                ...for the opposite parties.

                    The instant revision is directed against an order

              passed by the learned Chief Judge, City Sessions Court at

              Kolkata in Criminal Appeal No.213 of 2019 under Section

              23 of the Protection of Women from Domestic Violence

              Act, 2005 (hereinafter described as the said Act).

                    By passing the impugned judgment in appeal, the

              petitioner/respondent No.1/husband was directed to pay a

sum of Rs.10,000/- per month as interim maintenance to

the wife/opposite party No.1 from the month of August,

2019 modifying the order dated 26th August, 2019 passed

by the learned Metropolitan Magistrate, 12 th Court at

Calcutta in Misc. Case No.7 of 2019.

The petitioner has also filed an application being

CRAN 1 of 2020 with a prayer to stay warrant of arrest

issued against him in Execution Case No.28 of 2020.

I have heard learned Advocate for the petitioner and

the opposite party No.1. It is submitted on behalf of the

opposite party No.1 that the present petitioner has not

paid any amount granted by the learned Magistrate and

enhanced by the learned Chief Judge, City Sessions Court

in appeal till date. The opposite party No.1 is passing her

days with great monetary difficulty with a child of two and

half years. Therefore, while admitting the instant revision

some conditional orders ought to be passed.

Considering the submissions made by the learned

Advocate for the parties, the instant revision is admitted

for hearing on condition that the present petitioner shall

go on paying a sum equivalent to the amount which was

granted by the learned Metropolitan Magistrate, 12 th Court,

Calcutta in Misc. Case No.7 of 2019 without prejudice to

the rights and contentions of the parties.

The petitioner is further directed to deposit arrear

monetary relief from the date of the order, i.e. from 26 th

August, 2019 till date by two installments.

The petitioner is further directed to serve notice of

the instant revision upon the opposite party under

registered speed post with A/D and file affidavit-of-service

within a fortnight.

Matter be listed for hearing in the Monthly List of

February, 2021.

If the petitioner compliance with the order regarding

payment of monetary relief and arrear amount, the order

passed by the learned Metropolitan Magistrate, 12 th Court

at Calcutta on 8th November, 2019 be stayed till 7 th

February, 2021.

(Bibek Chaudhuri, J)