Syed Mahzar Alam vs Shagufta Ismail & Anr
2022 Latest Caselaw 601 Cal

Form No. J(2)

                 IN THE HIGH COURT AT CALCUTTA
                CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta


                       C.R.R. 420 of 2022

                       Syed Mahzar Alam
                             -vs-
                     Shagufta Ismail & Anr.



For the Petitioner          : Mr. Sandip Kumar Bhattacharyya
                             Mr. Abdul Murshid


Heard on                    : 16.02.2022


Judgment on                 : 16.02.2022



Jay Sengupta, J.:

      This is an application challenging an order dated 08.04.2021

passed by the learned Sessions Judge in Criminal Appeal No. 22 of

2021 under Section 29 of the Protection of Women from Domestic

Violence Act.

      Learned counsel for the petitioner submits as follows. The

petitioner is the former husband of the opposite party no. 1. After
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the disputes arose between the private parties, the petitioner gave

talaq to the private opposite party. The minor child is in the custody

of the former wife. The wife filed an application under the provisions

of the Protection of Women from Domestic Violence Act in 2019. As

an interim measure, the learned Magistrate directed that the

petitioner is to pay a sum of Rs. 15,000/- per month to the wife and

the minor son.    The private opposite party had also preferred an

appeal against the purported insufficiency of the interim monetary

relief award, which is still pending. The present petitioner preferred

an appeal against the order passed by the learned Magistrate being

Criminal Appeal No. 22 of 2021. By an order dated 08.04.2021, the

learned appellate court was pleased to admit the criminal appeal and

stayed the impugned order subject to the payment of Rs. 10,000/-

per month by the petitioner to the respondent as interim monetary

relief for herself and her minor son. The petitioner submits that he

is unable to pay even Rs. 10,000/- per month as maintenance to the

wife and the child. Presently, the petitioner is unemployed and is

also suffering from mental illness. In view of the same, the amount

of interim relief granted by the learned appellate court may be

stayed.

I have heard the submissions of the learned counsel for the

petitioner and have perused the revision petition.

From the order passed by the learned Magistrate, it appears

that the opposite party/wife had claimed that while she was earning

very little as a teacher, the petitioner was a physiotherapist by

profession and was earning Rs. 80,000/- to 1,00,000/- per month.

In fact, after the problems arose, admittedly the husband gave talaq

to the wife.

The wife also lodged an FIR, inter alia, under Section 498A of

the Penal Code for the alleged cruelty inflicted upon her.

The petitioner has already taken up relevant grounds in an

appeal before the learned appellate court. The appeal is still

pending.

In view of the above, it will not be proper to interfere with the

impugned order.

In the facts and circumstances of the case, I do not think that

the sum of Rs. 10,000/- per month awarded as interim monetary

relief for the wife and child is at all excessive.

In view of the above, I do not find any merit of this application.

The same is, accordingly, dismissed.

Therefore, there shall be no order as to costs.

Learned Appellate Court is requested to decide the appeal as

expeditiously as possible.

Urgent photostat certified copy of this order may be supplied

to the parties expeditiously, if applied for.

(Jay Sengupta, J.)

tbsr