Sri Amresh Singh Kharwar @ Guddu vs State Of West Bengal And Anr
2022 Latest Caselaw 6840 Cal

22.09.2022 Item No.15 Suman Ct.42

CRR 3248 of 2022

Sri Amresh Singh Kharwar @ Guddu Vs.

State of West Bengal and Anr.

Mr. Arun Maity Mr. Manabendranath Bandyopadhyay Mr. S. Sadhukhan ...for the petitioner

Opposite party No.2 is the wife of the petitioner.

On or about 18th August, 2015 the opposite party No.2

filed an application under Section 12 of the Protection of

Women from Domestic Violence Act before the learned

Judicial Magistrate, 7th Court at Howrah praying for

monetary as well as other reliefs. The prayer was also

made for interim relief under Section 23 of the said Act.

The said proceeding was registered as Misc. Case

No.577 of 2015. In the said proceeding the learned

Magistrate passed an order of interim monetary relief on

7th February, 2018 directing the present petitioner

/husband to pay monetary relief at the rate of

Rs.7,000/- for the opposite party No.2 and Rs.3,000/-

for their minor child total being Rs.10,000/- per month.

The husband /petitioner challenged the said order

passed under Section 23 of the said Act by filing

Criminal Appeal No.39 of 2018 under Section 29 of the

said Act. The said appeal was dismissed on contest by

a judgment dated 13th December, 2018. In the

meantime, marital tie between the petitioner and the

opposite party No.2 was dissolved by a decree of

dissolution of marriage in Mat. Suit No.920 of 2015 vide

judgment and decree dated 7th December, 2019. The

opposite party No.2 filed a complaint under Section

498A/406/34 of the Indian Penal Code and Sections 3 /

4 of the Dowry Prohibition Act before the jurisdictional

police over which ACGR Case No.4211 of 2015 was

registered. The said criminal case was disposed of on

14th June, 2022 recording an order of acquittal in favour

of the petitioner and other accused persons.

It is the grievance of the petitioner, that though

marriage of the petitioner with the opposite party No.2

was dissolved by a decree of divorce and the opposite

party No.2 has already married for the 2nd time, she has

been continuing Execution Case No.98 of 2019 to realize

arrear monetary relief against the petitioner. At the

same time, the opposite party No.2 has been going on

taking adjournments in Misc Case No.577 of 2015.

Under such factual background, the petitioner has

challenged legality, validity of the order dated 3rd

February, 2022 passed by the learned Judicial

Magistrate, 7th Court at Howrah in Misc Execution Case

No.98 of 2019 directing issuance of warrant of arrest

against the petitioner and subsequently order dated 11th

August, 2022 directing the Police Authority to execute

the warrant of arrest against the petitioner.

The instant revision be admitted for hearing. The

petitioner is directed to issue notice upon the opposite

party No.2 under registered speed post with AD and file

affidavit-of-service within three weeks after vacation.

In the mean time, the impugned orders dated 3rd

February, 2022 and 11th August, 2022 be stayed till 31st

December, 2022 subject to depositing a sum of

Rs.80,000/- in the executing court by the petitioner

within 30th September, 2022 in the name of the

opposite party No.2, without prejudice.

(Bibek Chaudhuri, J.)