Calcutta High Court (Appellete Side)
Yeasin Ali vs The State Of West Bengal And ... on 13 February, 2023
D/L19 C.R.R.2122 of 2021
13.02.2023
Bpg.
In Re: An application under Article 227 of the Constitution of India read
with Section 482 of the Code of Criminal Procedure, 1973;
Yeasin Ali
Versus
The State of West Bengal and another
Mr. Subrata Bhattacharjya.
...for the petitioner.
Mr. Sandip Ghosh,
Mr. Partha Sarkar.
...for the opposite party no.2/wife .
Ms. Manisha Sharma.
...for the State.
Learned advocate appearing for the opposite party
no.2/wife draws the attention of this Court to the relevant part of
the judgment delivered by the learned sessions court on 26th July,
2021 in Criminal Motion No.7 of 2018 wherein it has been quoted
that the documents which have been filed by the wife relates to pad
used by the O.P, Sk Yasin Ali and also advertisement given by the
medical unit, no document was produced to counter such argument
and only a photocopy of the certificate issued by the Pradhan, Bijur-
II Panchayat was produced. The consistent plea of the opposite
party was that the husband is a dentist while the husband took up
the plea that he was a farmer.
At the interim stage, the court is bound to balance
between the contentions advanced by both the parties and there is
nothing wrong in the finding of the learned sessions court when it
awarded the amount of maintenance relying upon the documents so
placed before him.
It has also been submitted by the learned advocate
appearing for the opposite party no.2/wife that the minor child is
presently attending school and there are extra expenses to be borne.
Learned advocate for the petitioner, on the other hand,
challenges the intrinsic value of the document which was submitted
before the learned court as also the contended that the wife was
earning around Rs.10,000/-per month belonging to a rich family.
Be that as it may, the main proceedings are still pending
before the learned trial court. Considering the stage of the case, I
am of the opinion that the interim order earlier granted is modified
to the extent that a sum of Rs.4,000/- per month be awarded to the
opposite party/wife and a sum of Rs.8,000/- per month be awarded
to the minor child, aggregating to a sum of Rs.12,000/- per month.
It has been complained by the petitioner that the
applicant/opposite party in the trial court is not participating in the
evidence.
In view of such contentions, I direct that the learned trial
court would fix at least one date in a month so that the trial of the
case can be taken to its logical conclusion and the application
under Section 125 of the Code of Criminal Procedure be finally
disposed of. Needless to state that the quantum so fixed above is
open for modification and variation on the basis of the evidence
which will finally surface in course of the hearing of the case and
the learned trial court should not be influenced by any observations
made by this Court.
With the aforesaid observations, CRR 2122 of 2021 is
disposed of.
Pending applications, if any, are 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.)
