Sana Zahid vs The State Of West Bengal & Anr
2022 Latest Caselaw 8205 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                               CRR 282 of 2022
                                    With
                               CRAN 2 of 2022

                                Sana Zahid
                                      Vs.
                          The State of West Bengal & Anr.



            Mr. Ayan Bhattacharya
            Ms. Shaila Afrin
            Ms. Rafat Jahan
                  ..for the petitioner

            Mr. Sandipan Ganguly, Sr. Adv.
            Mr. Arkadeb Bhattacharya
            Mr. Rajesh Upadhyay
                  ..for the opposite party No.2

            Ms. Manisha Sharma
                       ...for the State


Item No. 05.


Heard & Judgment on:           12.12.2022
                                  2




Bibek Chaudhuri, J.

Ex parte interim order of stay dated 16th December, 2021

passed by the learned Additional District Judge, 1 st Court at

Sealdah, South 24 Parganas in connection with Criminal Appeal

No. 13 of 2021 arising out of an order dated 1 st December, 2021

upon an appeal under Section 23 of the Protection of Women

from Domestic Violence Act, 2005 staying the operation of the

order passed by the learned Judicial Magistrate, 3rd Court at

Sealdah in connection with D.V. Case No. 36 of 2019 directing

the opposite party No.2/husband to pay monetary allowance at

the rate of Rs.15,000/- per month in favour of the petitioner.

Grievance of the petitioner is that the learned Judge in the

Appellate Court while admitting the appeal stayed the order

passed by the learned Judicial Magistrate, 3 rd Court at Sealdah to

pay monetary allowance at the rate of Rs.12,000/- per month

without considering the case, need and claim of the petitioner.

At the time of hearing it is submitted by Mr. Arkadeb

Bhattacharya, learned junior to Mr. Sandipan Ganguly, learned

senior counsel on instruction that the learned Lower Appellate

Court may be directed to dispose of the appeal pending before it

expeditiously. With such direction the instant revision may be

disposed of.

Mr. Bhattacharya, learned advocate on behalf of the

petitioner submits that the petitioner has no objection if the

appeal is directed to be disposed of at an early date but the

opposite party may be directed to comply with the order passed

by the learned Magistrate in D.V. Case No.36 of 2019.

Mr. Ganguly, learned senior counsel has opposed such

prayer made by the learned advocate for the petitioner.

The impugned order passed by the learned Judicial

Magistrate, 3rd Court at Sealdah is under challenge before the

Lower Appellate Court. In the said order the learned Magistrate

granted monetary relief in favour of the petitioner at the rate of

Rs.15,000/- per month. It is submitted by Mr. Ganguly that the

issue involved in the appeal in the trial Court is as to whether

the quantum of monetary relief is just, proper and sufficient and

considering the need of the petitioner qua the financial position

and status of the opposite party.

Be that as it may, since the Protection of Women from

Domestic Violence Act, 2005 is of socially beneficial registration

and this Court is inclined to get the appeal pending before the

Lower Appellate Court disposed of at an early date. This Court is

not going to the question as to whether Rs.15,000/- or

Rs.12,000/- towards monetary relief is just, proper and

sufficient for the petitioner. Therefore, without going into the

merit of the quantum of monetary allowance and the issues that

are required to be disposed of by the Appellate Court for fixing

the monetary allowance this Court is of the view that pending

disposal of the appeal the Magistrate's order should be complied

with.

The learned Lower Appellate Court is requested to dispose

of the instant appeal within 31st January, 2023 without giving

any adjournment to anybody at the time of hearing of the

appeal.

In the meantime, the opposite party shall go on paying

monetary allowance at the rate of Rs.15,000/- per month.

The instant revision along with the connected application

is, thus, disposed of on contest.

(Bibek Chaudhuri, J.)