Souma Sankar Mondal vs Smt. Soumi Mondal Nee Dutta
2022 Latest Caselaw 6747 Cal

 D/L62                                   C.R.R.993 of 2021
20.09.2022

Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure;

Souma Sankar Mondal Versus Smt. Soumi Mondal Nee Dutta

Mr. Sanat Kr. Das, Mr. Anirban Guhathakurta, Mr. Sujan Chatterjee.

...for the petitioner.

Mr. Soumyajit Das Mahapatra, Mr. Supriyo Das.

..for the opposite party.

The revisional application was preferred challenging the

judgment and order dated 09.03.2021 passed by the learned

Additional Sessions Judge, City Sessions Court, First Track Court-

2, Bichar Bhawan, Calcutta in connection with Criminal Appeal

No.255 of 2019 arising out of an order dated 30th October, 2019,

passed by the learned Metropolitan Magistrate, 15th Court, Calcutta

in connection with Misc. Case No.39 of 2018 under Sections 12/23

of the Protection of Women from Domestic Violence Act, 2005.

The grievance of the petitioner was a quantum which was

awarded by the learned Metropolitan Magistrate and affirmed by the

learned appellate court.

I have considered the submissions of Mr. Guhathakurta,

learned advocate appearing for the petitioner and Mr. Mahapatra,

learned advocate appearing for the private opposite party. I have

also considered the fact that pursuant to the order passed by this

Court, a sum of Rs.6,70,000/- was paid within a scheduled date

fixed by this Court.

In view of the aforesaid, the warrant of arrest, if issued or

pending be recalled and kept in abeyance till 30th November, 2022.

Inner page six of the order dated 30th October, 2019

passed by the learned Metropolitan Magistrate, 15th Court, Calcutta

reflects that the learned Magistrate was convinced for awarding the

amount of Rs.80,000/- per month as no scrap of paper could be

produced at the instance of the husband/petitioner before the court

when the contention of the wife was considered by the learned

Magistrate while arriving at or deciding the quantum of

maintenance to be awarded by way of interim monetary relief.

Mr. Anirban Guhathakurta, learned advocate appearing

for the petitioner and Mr. Soumyajit Das Mahapatra, learned

advocate appearing for the private opposite party are directed to file

their affidavit of assets before the learned Metropolitan Magistrate,

15th Court, Calcutta by 30th September, 2022.

Learned Magistrate, according to the court's convenience,

would fix dates apart from the regular date of evidence and re-hear

on the issue of interim monetary relief. Learned Magistrate would

be at liberty to either amend the amount which was already granted

or retain the said amount after arriving at his conclusion regarding

analysis of affidavit of assets placed before the court. The whole of

the process must be completed by 30th November, 2022.

With the aforesaid observations, CRR 993 of 2021 is

disposed of.

Pending applications, 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.

(Tirthankar Ghosh, J.)