Ayan Chakraborty vs Sutapa Chakraborty & Anr
2023 Latest Caselaw 1946 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri

                              CRR 3669 of 2022

                               Ayan Chakraborty
                                     Vs.
                             Sutapa Chakraborty & Anr.

Ms. Bratati Dutta
      ..for the petitioner

Item No. 48


Heard & Judgment on:           23.03.2023


Bibek Chaudhuri, J.

The husband/opposite party in a proceeding under the

Protection of Women from Domestic Violence Act is the petitioner

before this Court.

Upon an application under Section 23 of the said Act, the

learned Magistrate passed an order directing the present petitioner to

pay interim maintenance allowance at the rate of Rs.12,000/- per

month.

The petitioner has assailed the said order dated 11 th August,

2022 passed by the learned Judicial Magistrate, 6 th Court at Bankura

in Misc. Case No. 82 of 2021 on the ground that the petitioner is

working as a plumber and he has no fixed income. The learned

Magistrate failed to consider such aspect of the matter.

It is found from the record that the learned Judicial Magistrate,

6th Court at Bankura disposed of the petition filed by the wife

/opposite party without asking for any affidavits of assets and

liabilities of the respective parties as per the guideline of the Hon'ble

Supreme Court in the case of Rajnesh Vs. Neha.

In view of such circumstances, the impugned order cannot be

sustained. The instant revision is, therefore, allowed. The order

dated 11th August, 2022 is set aside. The learned Magistrate is

directed to obtain affidavits of assets and liabilities from both the

parties to the proceeding and on the basis of affidavits of assets and

liabilities shall dispose of the application under Section 23 of the

PWDV Act. The entire exercise shall be made within two months from

the date of communication of this order.

The instant revision is, accordingly, disposed of.

(Bibek Chaudhuri, J.)