Kartick Chandra Paul vs The State Of West Bengal & Ors
2022 Latest Caselaw 7747 Cal

 D/L37                               C.R.R. No.2239 of 2021
22.11.2022

Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Kartick Chandra Paul Versus The State of West Bengal & Ors.

Mr. Dipanjan Dutt, Mr. Sabyasachi Jana, Mr. Souma Subhra Roy, Ms. Poulome Patra.

...for the petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan.

...for the State.

Mr. Sambhunath De, Mr. Ranjit Kumar Ghosh.

For the opposite party nos.2 and 3.

Mr. Dipanjan Dutt, learned advocate appearing for the

petitioner has challenged the judgment and order dated 26th

August, 2021 passed by the learned Additional Sessions Judge,

Fast Track Court No.4, North 24-Parganas in Criminal Revision

No.488 of 2019 wherein the learned court was pleased to enhance

the quantum of maintenance to the tune of Rs.10,000/- per month

to the wife/opposite party no.2 and Rs.8,000/- per month to the

minor daughter/opposite party no.3.

The subject matter of the revisional application before the

learned sessions court relate to the final order and judgment passed

by the learned Judicial Magistrate, 2nd Court, Barrackpore in Misc.

Case No.259 of 2012 wherein on 23.09.2019 learned Magistrate was

pleased to direct the husband to pay Rs.6,000/- per month to the

wife/opposite party no.2 and Rs.4,000/- per month to the minor

daughter/opposite party no.3. Learned Magistrate by its order

dated 23.09.2019 was further pleased to hold that the quantum so

fixed on 23.09.2019 would be effective from that date only. The

revisional court while passing the aggregate amount to Rs.18,000/-

per month was pleased to direct that the said amount should be

paid from the date of filing of Misc. Case No.259 of 2012.

The petitioner before this Court is aggrieved on three

counts. Firstly, regarding the enhancement of the maintenance;

secondly, regarding such quantum of enhanced maintenance being

imposed from the date of filing of the application and thirdly,

regarding the age of the minor child.

On an appreciation of the present earnings of the

petitioner, I am of the opinion that so far as the amount fixed by the

learned sessions court/revisional court is concerned, the aggregated

maintenance of Rs.18,000/- per month (Rs.10,000/- per month for

the wife/opposite party no.2 and Rs.8,000/- per month for the

minor daughter/opposite party no.3) are just and appropriate and

the said quantum, as such, do not call for any interference.

So far as the second issue regarding payment of such

quantum from the date of the application under Section 125 of the

Code of Criminal Procedure is concerned, I find from the records of

the case that by order dated 19.03.2013, the learned Magistrate

was pleased to allow the interim maintenance to the tune of

Rs.3,000/- per month to the opposite party no.2 and Rs.2,000/- per

month to the opposite party no.3 and the said amount continued till

the final judgment was passed by the learned Magistrate on 23rd

September, 2019.

In view of the fact that the wife/opposite party no.2 and

the daughter/opposite party no.3 were paid interim maintenance

during the pendency of the application under Section 125 of the

Code of Criminal Procedure till it was finally decided, I am of the

opinion that such aggregated amount of Rs.18,000/- per month

(Rs.10,000/- per month to the opposite party no.2 and Rs.8,000/-

per month to the minor daughter/opposite party no.3) should be

paid by the petitioner to the opposite party no.2 and the opposite

party no.3 from the date of passing of the final order of the learned

Magistrate, i.e. 23.09.2019.

So far as the third issue regarding the age of the minor

daughter and her entitlement to maintenance is concerned, the

same do not call for any interference by this Court as the said issue

was never agitated before the learned trial court or before the

learned sessions court when the final order was either passed by

the learned Magistrate or by the revisional court. The petitioner, if

so advised, will take appropriate steps before the learned Judicial

Magistrate, 2nd Court, Barrackpore, North-24 Parganas.

As submitted by the parties, pursuant to the order dated

14th June, 2022 substantial payments have been made and it has

been submitted by the learned advocate for the petitioner that so far

as the instructions are concerned, there are hardly any dues.

Mr. De, learned advocate appearing for the opposite party

nos.2 and 3 mildly opposes such contentions of substantial amount

being paid and submits that complete dues which the opposite

party nos.2 and 3 are entitled have not been paid.

With the aforesaid observations, CRR 2239 of 2021 is

disposed of.

Pending application, if any, is consequently disposed of.

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

downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance of all requisite

formalities.

(Tirthankar Ghosh, J.)