Doli Ghosh vs Amaresh Ghosh
2021 Latest Caselaw 3652 Cal

08.07.2021                  IN THE HIGH COURT AT CALCUTTA
Item No.17                  CRIMINAL REVISIONAL JURISDICTION
Ct.No.34
   dc.
                                 C.R.R. 1985 of 2014
                                 (Via Video Conference)

                                      Doli Ghosh
                                         versus
                                     Amaresh Ghosh

             In Re: An Application under Section 401 read with Section
             482 of the Code of Criminal Procedure, 1973.



                   None appears for the parties.

                   The petitioner being the legally married wife of the

             opposite party preferred an application for interim relief

             under Section 23 of the Protection of Women from Domestic

             Violence Act, 2005. The learned Magistrate on assessment of

             the preliminary materials placed before him and after

             observing that the opposite party husband happened to be a

             permanent employee of I.O.C.L. granted interim relief of

             Rs.10,000/- per month to the petitioner/wife till disposal of

             the    case.    Being    aggrieved    by     such   order,   the

             husband/opposite party preferred an appeal before the

             learned Sessions Judge, 24-Parganas (South). The said

             appeal was thereafter transferred to the learned Additional

             District and Sessions Judge, 18th Court, Alipore for disposal

             and by an order dated 23.04.2014, the learned Sessions

             Judge was pleased to uphold the conclusion arrived at by the

             learned Magistrate, but was pleased to reduce the quantum

             of monetary relief from Rs.10,000/- per month to Rs.8,000/-

             per month. The learned Sessions Judge, inter alia, held as

             follows :
                           2




      ".......... However, since this appellant prefer this appeal
      before this Court and as the proceedings of this case is yet to
      be completed and in such a circumstances having consider
      that fact and also after considering the urgent need of the
      respondent/wife this Court finds that if a sum of Rs.8,000/-

per month be awarded as maintenance for her livelihood that would be just and equitable and will not be hardship to the appellant/husband to pay the same. ..................."

I find that the reason which was assigned by the

learned appellate court is not cogent and not based either on

factual or legal foundation. Accordingly, the judgment and

order dated 23.04.2014 passed by the learned Additional

District and Sessions Judge, 18th Court, Alipore in Criminal

Appeal No. 36/13 is hereby set aside.

Accordingly, CRR 1985 of 2014 is allowed.

Liberty is granted to the petitioner to recover the

arrears by taking out proper application before the learned

Magistrate.

Interim order, if any, is hereby vacated.

All pending applications, if any, are consequently

disposed of.

Department is directed to communicate this order to

the court below within seven days.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)