Calcutta High Court (Appellete Side)
Priya Bhattacharjee vs Lt. Col Arijit Bhattacharjee on 18 July, 2022
Form J(2) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
C.R.R. 238 of 2022
With
CRAN 2 of 2022
Priya Bhattacharjee
Vs.
Lt. Col Arijit Bhattacharjee
For the petitioners : Mr. Shibaji Kumar Das
Ms. Rupsa Sreemani
For the State : Mr. Ranabir Roy Chowdhury,Adv.
Mr. Imran Ali, Adv.
Ms. Debjani Sahu
For the Opposite Party : Mr. Moyukh Mukherjee
Mr. Abhijit Singh
Mr. Koustav Lal Mukherjee
Heard on : 18.07.2022
Judgment On : 18.07.2022.
Bibek Chaudhuri, J.
The matter is listed for hearing of an application for extension of
interim order.
However, at the time of hearing it is submitted by the learned
advocate for the petitioner that the petitioner filed an application under
Section 125 of the Code of Criminal Procedure claiming maintenance
allowance for herself and her two minor daughters. The opposite party
has entered appearance and file an application for non maintainability
of the application under Section 125 of the Code of Criminal Procedure
stating inter alia that at the time of marriage of the opposite party with
the petitioner, the petitioner has a subsisting marriage and during
subsistence of her first marriage the petitioner married the opposite
party for the second time. Therefore, the second marriage of the opposite
party with the petitioner is void and a nullity. However, the opposite
party admitted that the petitioner gave birth two children in the wedlock
with the opposite party.
During the pendency of the instant proceeding the learned
advocate for the opposite party gave a proposal that the opposite party is
ready and willing to pay Rs. 40,000/- for the maintenance of their two
minor children and also academic expenses to be incurred for the said
two minor children.
Learned advocate for the petitioner has accepted the proposal
made by the learned advocate for the opposite party.
In view of the acceptance of the proposal made on behalf of the
opposite party by the learned advocate for the petitioner, the instant
revision is disposed of directing the opposite party to pay maintenance
allowance @ Rs. 40,000/- for a minor children of the parties. Such
payment of maintenance shall be made by the opposite party within 7 th
of each succeeding month from the date of this order.
The opposite party shall also bear academic expenses of their
two minor children. In order to enable the opposite party to make
payment of academic expenses of their minor children, the petitioner
shall send actual academic expenses incurred by her for the said two
children to the opposite party. Receipt of such claim against proper
receipt, the opposite party shall pay the actual academic expenses for
their two children to the petitioner.
The instant criminal revision is disposed of with the above
order. The connected application is also disposed of.
(Bibek Chaudhuri, J.)
