Bhaskar Sehanabish vs The State Of West Bengal & Anr
2022 Latest Caselaw 8476 Cal

19.12. 2022
item No.39 & 40
n.b.
ct. no. 551                CRR 2778 of 2018
            with
            CRR 2779 of 2018

                          Bhaskar Sehanabish
                                   Vs.
                     The State of West Bengal & Anr.

                Mrs. Suman Shenabis(Mondal)
                Ms. Atulya Sinha
                                 ....... For the petitioner.
                Mr. Purnasis Roy
                                 ... for the respondent.

Both the criminal revisional applications have been

preferred against the judgment and order dated July 18, 2018

passed by the Learned Additional Sessions Judge, 3 rd Court, Cooch

Behar in Criminal Appeal No.13 of 2016 and Criminal Appeal

No.15 of 2016 on April 5, 2016. Both the criminal revisional

applications were preferred by the husband against the State of

West Bengal and opposite party no.2 who is the wife. Both the

appeals were given rise mise. D.V. Case No.76 of 2012 filed by the

wife, wherein impugned order was passed by the Judicial

Magistrate.

During the course of argument, it appears to me that both

husband and wife in are employed and it is admitted by both the

parties that they have not disclosed their assets and liability as per

direction Hon'ble Supreme Court passed in Rajnesh Vs. Neha

reported in AIR 2021 SC 569.

Considering the aspect, it appears to me it would be

proper to remand back both the matters to the jurisdictional

Magistrate so that both parties may have an opportunity to submit

their affidavit regarding assets and liabilities before the learned

Magistrate on the strength of which the Magistrate may pass an

appropriate order considering each and every aspects.

The Learned Magistrate is also directed to follow the

guidelines of the Hon'ble Supreme Court passed in Rajnesh Vs.

Neha(supra) regarding the submission of affidavit of assets and

liabilities and also regarding the overlapping jurisdiction of the

earlier order of maintenance passed in other proceedings. The

parties are also at liberty to submit an affidavit regarding the award

passed for or against them in earlier proceedings. They are also at

liberty to mention before the learned Magistrate to disclose for the

reason as to why maintenance amount was pending or disposed of.

Accordingly, both the revisional applications are disposed

of.

Parties are directed to submit the affidavit before the

Magistrate within 8 weeks from the communication of this order;

and learned Magistrate is to dispose of this matter as early as

possible, more preferably within six months thereafter.

Let an copy of order be served upon the learned

jurisdictional Magistrate for his compliance.

Any interim order of stay passed by this Court during the

continuation of the instant revisional application is also vacated.

Pending connected application, if any, is also disposed.

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

downloaded from the official website of this Court.

( Subhendu Samanta, J.)