Pydi Naga Anil Babu Naidu vs The State Of West Bengal & Anr
2023 Latest Caselaw 553 Cal

18.01.2023 Item No.22.

Suman Ct.42

CRR 3749 of 2022

Pydi Naga Anil Babu Naidu Vs.

The State of West Bengal & Anr.

Mr. Pravas Bhattacharya ..for the petitioner

The petitioner is the husband of the opposite

party No.2. The opposite party No.2 filed a proceeding

under the Protection of Women from Domestic Violence

Act which was registered as CR No.108 of 2017 pending

before the learned Judicial Magistrate, 2 nd Court,

Paschim Medinipur. It is contended on behalf of the

petitioner that vide order dated 17th February, 2022 the

learned Magistrate was pleased to reject the prayer for

interim monetary relief filed by the opposite party No.2.

The opposite party No.2 subsequently preferred an

appeal under Section 29 of the said Act which was

registered as Criminal Appeal No.8 of 2022 before the

learned Additional Sessions Judge, 4th Court at Paschim

Medinipur. The learned Sessions Judge disposed of the

said appeal vide judgment dated 22nd August, 2022

whereby she allowed the said appeal on contest and

directed the husband/petitioner to pay interim monetary

relief at the rate of Rs.10,000/- per month in favour of

the opposite party No.2 within 5 th of each succeeding

month. It is submitted by the learned advocate for the

petitioner that previously the opposite party No.2 filed

an application under Section 125 of the Code of Criminal

Procedure and the Court directed the opposite party to

pay maintenance at the rate of Rs.4,000/- per month.

The petitioner has been going on depositing the said

amount regularly since 2017. The learned trial Judge

did not consider the said fact and granted interim

monetary relief at the rate of Rs.10,000/- over and

above the maintenance allowance.

The instant revision be admitted.

The petitioner is directed to serve notice upon the

opposite party No.2 under registered speed post with

A/D and file affidavit of service within three weeks from

the date of this order.

In the meantime, there shall be stay of the order

passed in Criminal Appeal No.8 of 2022 dated 22 nd

August, 2022 on condition that the petitioner shall carry

on depositing further sum of Rs.4,000/- in addition to

the maintenance allowance which he has been paying to

the opposite party No.2 till the disposal of the instant

revision from the date of this order.

(Bibek Chaudhuri, J.)