Dipti Ghosh @ Dipiti Saha vs The State Of West Bengal & Anr
2022 Latest Caselaw 6752 Cal

20.09.2022 Item No.19 Suman Ct.42

CRR 2729 of 2022

Dipti Ghosh @ Dipiti Saha Vs.

The State of West Bengal & Anr.

Ms. Sweta Bhatta Mr. Anirban Tribedi ...for the petitioner

The aggrieved person in a proceeding under

Section 12 and other cognate provisions under

the Protection of Women from Domestic Violence

Act is the petitioner before this Court.

It is submitted by the learned advocate for

the petitioner that by an order dated 19th May,

2018 the learned Judicial Magistrate, 7 th Court at

Alipore directed the opposite party/husband to

pay a sum of Rs.30,000/- per month to the

aggrieved party within 15th of each succeeding

month with effect from the date of the order

towards monetary relief as per Section 23(2) of

the said Act. An order was also passed permitting

the petitioner to stay in the shared household. It

is further alleged that in spite of the said order

the opposite party/husband failed and neglected

to pay the monetary relief in accordance with the

order dated 19th May, 2018. The petitioner filed as

many as five execution proceedings for realization

of arrear monetary relief. However, the said

proceedings are still pending. The opposite party

is absolutely irregular in making payment of

interim monetary relief vide order dated 19th May,

2018.

Lastly, the opposite party filed Criminal

Appeal No.249 of 2019 under the provision of

Section 29 of the said Act assailing the order

dated 19th May, 2018 passed by the learned

Magistrate. The said appeal was disposed of by

the learned Additional Sessions Judge, 4 th Fast

Track Court at Alipore by a judgment dated 28 th

June, 2022. By virtue of which the learned

Additional Sessions Judge set aside the impugned

order dated 19th May, 2018 directing the trial

Court to give opportunity to the parties to file

affidavit of assets in terms of the guideline made

by the Hon'ble Supreme Court in Rajnesh versus

Neha and disposed of the said application under

Section 23 of the said Act afresh.

In the instant revision the petitioner has

raised a question as to whether the guideline of

Rajnesh versus Neha will be applicable in

respect of the orders that were passed prior to

the date of the judgment by the Hon'ble Supreme

Court in Rajnesh versus Neha.

The instant revision be admitted for hearing.

The petitioner is directed to serve notice

upon the private opposite party No.2 under

registered speed post with A/D and file affidavit of

service within three weeks after vacation.

The State of West Bengal be served through

the learned Public Prosecutor, High Court,

Calcutta.

In the meantime, without prejudice the

opposite party No.2 shall act on paying a sum of

Rs.25,000/- per month as part of interim

monetary relief in favour of the petitioner within

10th of each succeeding month till the disposal of

the instant criminal revision.

(Bibek Chaudhuri, J.)