Avinash Bagaria And Ors vs The State Of West Bengal And Anr
2023 Latest Caselaw 705 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri

                              CRR 1641 of 2022
                                   With
                              CRAN 2 of 2022

                          Avinash Bagaria and Ors.
                                      Vs.
                         The State of West Bengal and Anr.


      Ms. Sreeparna Das
                 ..for the petitioner

      Mr. Krishan Ray
            ..for the O.P. No.2.

      Mr. Imran Ali
      Ms. Debjani Sahu
            ..for the State


Item No. 01


Heard & Judgment on:          24.01.2023


Bibek Chaudhuri, J.

This is an application for modification of the order dated

September 15, 2022 passed by this Court upon hearing of both

the sides.

By the said order this Court admitted the revision subject

to the condition that the petitioner shall go on paying monetary

relief at the rate of Rs.25,000/- per month without prejudice to

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

It is submitted on behalf of the opposite party by filing the

instant petition that at present a sum of Rs.5,05,000/- is due

towards arrear maintenance. It is also submitted that previously

the petitioner did not pay any maintenance and the petitioner is

liable to pay arrear maintenance which is lying due to the tune

of Rs.5,05,000/-.

It is submitted on behalf of the petitioners that the

opposite party No.2 has suppressed certain factual matters

regarding her employment, her monetary income etc. The

statement regarding income of the present petitioner is also

disputed. It is also submitted by the learned advocate for the

opposite party/applicant that the opposite party has assailed the

order of the Appellate Court under Section 29 of the Protection

of Women from Domestic Violence Act in the instant revision and

such factual aspects are required to be proved to ascertain as to

whether the petitioner is under obligation to pay such arrear

amount of money or not.

The learned advocate for the wife/opposite party has raised

vehement objection against such prayer. It is submitted that

the husband/opposite party has been going on depositing at the

rate of Rs.25,000/- per month as per the order of this Court.

The amount of arrear maintenance is disputed.

Be that as it may, the instant application is disposed of

directing the husband/petitioner to deposit a sum of Rs.50,000/-

lump sum in addition to the direction made in the order dated

26th September, 2022 in the Court below in the name of the

petitioner within a fortnight without prejudice. The quantum of

arrear maintenance will be decided subsequently. If any

execution case is filed against the present petitioners claiming

arrear maintenance from the order of the trial Court or the

Appellate Court, the learned Magistrate shall lay off his hands in

passing any order during the pendency of the instant revision.

The instant revision is disposed of.

(Bibek Chaudhuri, J.)