Akhilesh Shaw @ Aklesh Kumar Shaw vs Kakoli Shaw @ Mondal
2022 Latest Caselaw 1769 Cal

05.04. 2022 item No.59 n.b.

ct. no. 34 CRR 1448 of 2018

Akhilesh Shaw @ Aklesh Kumar Shaw Vs.

Kakoli Shaw @ Mondal

Mr Syed S. Imam, Md. Salahuddin ...for the petitioner.

Mr. Pawan Kumar Gupta, Ms. Sofia Nesar, Mr. Santanuy Sett .... For the Opposite Party.

The subject matter of the revisional application relates to

an order dated 24.4.2018 passed by the Learned Additional

Sessions Judge, Fast Track Court, Howrah in connection with

Criminal Appeal no.63 of 2016 and Criminal Appeal No.65 of 2016

wherein there has been enhancement and alteration of the

maintenance granted in an application under Section 12 of the

P.W.D.V. Act 2005 passed by the Learned Judicial Magistrate, 5 th

Court Howrah in connection with case no.66 of 2016.

Mr. Pawan Kumar Gupta, learned advocate appearing for

the private opposite party submits that a Co-ordinate Bench of this

Court by judgment and order dated 22.1.2020 in CRR 119 of 2019

has been pleased to dispose of the revisional application with the

following observations.

"Therefore, considering the social status of the petitioner

and the opposite party, this Court is pleased to modify the order

impugned to this effect that the opposite party shall pay monthly

maintenance of Rs.40,000/- to the petitioner instead of

Rs.15,000/- per month and further pay a sum of Rs.10,000/-

towards suitable alternative accommodation instead of Rs.5000/-"

In view of the quantum awarded by the Co-ordinate Bench

of this Court and submission advanced by Mr. Syed S. Imam,

learned advocate for the petitioner/husband that he has been un-

represented when the said order was passed, liberty is granted to

the petitioner to adduce evidence before the learned Magistrate in

respect of his earnings and in case the learned Magistrate is of the

opinion that the quantum of relevant sum granted to the wife and

to be paid by the husband is excessive, the learned magistrate

would independently consider the same. So far as the main

proceeding are concerned, the learned Magistrate would fix at least

one date in every forty five days to take the trial of the case to its

logical conclusion.

With the aforesaid observations, CRR 1448 of 2018 is

disposed of.

All pending connected applications, if any, are

consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)