Samik Santra vs Dona Das
2022 Latest Caselaw 8527 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                        C.R.R. 3486 of 2022
                             Samik Santra
                                 Vs.
                              Dona Das

For the petitioner       : Mr. Ranabir Roy Chowdhury, Adv.
                           Mr. Mainak Gupta, Adv.
                           Mr. Prasun Mukherjee, Adv.
                           Mr. Kanchan Roy, Adv.
                           Mr. R.K.Priyanka Devi, Adv.

For the O.P.             : Mr. Santanu Talukdar, Adv.

Heard on                 : 20.12.2022

Judgment On              : 20.12.2022.

Bibek Chaudhuri, J.

Affidavit of service be kept with the record.

Mr. Santanu Talumdar, learned Advocate has entered appearance

on behalf of the opposite party/wife.

It is not in dispute that in a case under Section 125 of the Code of

Criminal Procedure which was registered as MR Case No.26 of 2019

before the learned Judicial Magistrate, 1 st Court at Midnapore, a joint

petition for compromise duly signed by both the petitioner/husband and

the opposite party/wife was filed and the parties wanted to get the

aforesaid maintenance proceeding under Section 125 of the Code of Criminal Procedure disposed of on the basis of the said joint petition for

compromise. By virtue of compromise it is settled that the

husband/petitioner would pay monthly maintenance allowance at the

rate of Rs.3,000/- per month to the wife/opposite party herein and such

amount would be despatched and deposited to the bank account of the

present opposite party within seven of each succeeding english calendar

month.

The Trial Court was invited to dispose of the application under

Section 125 of the Code of Criminal Procedure in terms of the said

petition of compromise. The learned Magistrate, 1 st Court at Paschim

Midnapore disposed of the said proceeding under Section 125 of the

Code of Criminal Procedure on the basis of the joint compromise petition

but directed the husband/petitioner to pay maintenance at the rate of

Rs.3,000/- per month in favour of the opposite party/wife from the date

of filing of the case. The present petitioner joins the issue raising the

question as to whether the learned Magistrate can pass such order as

recorded above while disposing of an application on the basis of a joint

petition for compromise.

It is submitted on behalf of the opposite party/wife that the

opposite party has no objection if the petitioner is directed to deposit

maintenance allowance from the date of decree for divorce on mutual

consent, i.e. on 8th June, 2022.

In view of such submission, the impugned order dated 23 rd

August, 2022 passed in MR Case No.26 of 2019 by the learned Judicial

Magistrate, 1st Court at Paschim Midnapore is modified directing the

petitioner to pay/deposit maintenance allowance in the bank of the

opposite party from the month of June, 2022.

The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.27.