Calcutta High Court (Appellete Side)
Somnath Kundu vs Unknown on 27 January, 2021
27.01.2021
Mithun
Sl. No.23
D/L.
Ct.No.30
CRR/2612/2019
with
I.A.No: CRAN/1/2019 (Old No: CRAN/3652/2019)
In the matter of : Somnath Kundu.
...the appellant.
Mr.Arpan Mondal, Adv.
...for the appellant.
Ms.Faria Hossain, Adv.,
Ms.Baisali Basu, Adv.
...for the State.
The instant revision is directed against an order
passed by the learned Additional Sessions Judge, 17 th
Court at Alipore on 5th July, 2019 in Criminal Appeal No.80
of 2018.
The above-mentioned appeal was filed by the
opposite party No.1/wife against the present
petitioner/husband challenging the order passed by the
learned Judicial Magistrate, 3rd Court at Alipore directing
the present petitioner to pay monetary relief at the rate of
Rs.5,000/- per month to opposite party No.1.
In appeal, the learned Judge, directed the present
petitioner to pay monetary relief to the opposite party
No.1 at the rate of Rs.20,000/- per month.
The petitioner being aggrieved against the said order
has challenged the legality, validity and propriety of the
order passed by the learned Judge in appeal.
Having heard the learned Advocate for the petitioner
as well as the State of West Bengal and on perusal of the
impugned judgment, it is ascertained that the learned
Judge in appeal fixed interim monetary relief in favour of
the opposite party No.1 considering gross salary of the
present petitioner to the tune of Rs.92,362/- per month.
It is, however, pointed out by the learned Advocate
for the petitioner that the petitioner has retired, in the
meantime, on superannuation. He received Rs.38,118/-
per month from his pension. He has a son who is mentally
disabled. He has the responsibility to maintain his son as
well as to bear all his medical expenses. He has also other
family responsibilities and it is not possible for him to pay
Rs.20,000/- per month in view of the fact that he only
earns Rs.38,118/- per month from his pension. He has no
other income except the said pension. Therefore, the
learned Advocate for the petitioner has prayed for
modification of the impugned order passed in Criminal
Appeal No.80 of 2018.
It is pertinent to mention here that opposite party
No.1 was initially served by the petitioner. Subsequently,
the learned P.P.-in-Charge was requested to cause service
of notice of the instant proceeding to the Opposite Party
No.1 through Officer-in-Charge of the local police station
where she resides. The Officer-in-Charge, Patuli Police
Station has submitted a report stating inter alia that notice
has duly been served upon the opposite party No.1.
However, she has not turned up.
Therefore, I proceed to dispose of the instant
petition in absence of opposite party No.1.
I have closely examined the pension slip of the
petitioner issued by the State Bank of India. His gross
income is Rs.57,400/-. From the said amount, a sum of
Rs.19,282/- is deducted towards commutation installments
amount. As Such petitioner commuted a part of his
pension. Surely he receive the lumpsum amount which
has not been disclosed by him before this Court.
It is needless to say that quantum of monetary relief
shall be fixed on the gross income of a person and not on
net income. At the same time I am not unmindful to know
that the petitioner maintains his son who is suffering from
certain mental disability. The said son is now aged about
24 years. The opposite party No.1 being the mother of the
said son does not look after him. He has also some family
responsibilities.
Considering all facts and circumstances of this case
as well as the present day market price and day to day
expenditure of a lady to run her life, I am of the view that
the opposite No.1 is entitled to get a sum of Rs.12,000/-
per month towards interim money relief till the disposal of
the application under Section 12 of the Protection of
Women from Domestic Violence Act, 2005.
Accordingly, the order passed by the learned
Additional sessions Judge, 17th Court at Alipore is set
aside. The petitioner is directed to pay monetary relief as
the rate of Rs.12,000/- per month from the date of the
order passed by the learned Court of appeal till the
disposal of the application under Section 12 of the said
Act.
Such payment shall be made within 15 day of each
succeeding month. So far as the arrears are concerned,
the petitioner is at liberty to square up such dues towards
monetary relief in 10th monthly installments.
It is made clear that observations made in the
instant revision, is limited to the instant proceeding only
and the learned Judicial Magistrate, Alipore to dispose of
the application under Section 12 of the said Act without
being influenced by any of the observations made
hereinabove regarding quantum of maintenance or
responsibility of the petitioner in any way.
The instant revision is accordingly disposed of.
(Bibek Chaudhuri, J)
