Quadri @ Imamul Hussain vs The State Of West Bengal And ...
2023 Latest Caselaw 3738 Cal

June 8, 2023 AD - 35 Ct. 34 SG CRR 1982 of 2023

Pir Zada Imamul Hussain Shah Chisti Al Quadri @ Imamul Hussain

-versus-

The State of West Bengal and another

Mr. Avik Ghatak Mr. Fahad Imam Mr. Shamsher Ansari ... for the petitioner

The petitioner has challenged the judgment and order

dated 04.04.2023 passed by the Chief Judge, City Sessions

Court, Calcutta in Criminal Appeal No.224 of 2022 wherein

the interim order passed by the learned Metropolitan

Magistrate, 15th Court, Calcutta in MISCS Case No.89 of

2020 under the relevant provisions of Protection of Women

(from Domestic Violence) Act was under challenge.

Mr. Ghatak, learned advocate for the petitioner is

aggrieved by the enhancement of maintenance from an

aggregated sum of Rs.4,000/- to an aggregated sum of

Rs.9,000/-.

It is submitted that the foundation of the order was

without any justification by both the courts learned

appellate court as well as the magistrate court. The

petitioner being an Imam has been saddled with such huge

liabilities.

I have considered the submissions advanced by the

learned advocate for the petitioner and on an assessment of

the materials relating to the issues dealt with by the

learned trial court as well as the learned appellate court, I

am of the view that such factual circumstances being

considered by two courts, it would not fit and proper for the

high court to exercise further factual interpretation as the

evidence of the case is awaiting.

The petitioner is granted liberty to canvass the points

advanced in the revisional application along with other

materials to rebut the contentions in affidavit filed by the

wife.

After the final arguments, learned trial court would

consider the same and would arrive at a fresh

consideration at the end of the trial and decide regarding

amendment, modification or enhancement of the amount.

The petitioner prays for increasing the number of

instalments for repaying the arrears as has been directed

by the learned appellate court. Such prayer should be

advanced before the learned trial court and the learned

appellate court. The courts in its wisdom would consider

in the fitness of circumstances. Learned trial court would

also see that trial of the case is concluded as expeditiously

as possible by fixing at least one date in every 60 days so

that the trial ends within a reasonable period of time.

With the aforesaid observations, CRR 1982 of 2023 is

disposed of.

Pending application, if any, is consequently disposed

of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Tirthankar Ghosh, J. )