Sri Aloke Sinha vs Smt. Sutripta Mondal (Sinha) & Anr
2023 Latest Caselaw 3312 Cal

                     IN THE HIGH COURT AT CALCUTTA

                      (Criminal Revisional Jurisdiction)

                              APPELLATE SIDE



Present:

The Hon'ble Justice Shampa Dutt (Paul)

                               CRR 2748 of 2019



                               Sri Aloke Sinha

                                     Vs

                     Smt. Sutripta Mondal (Sinha) & Anr.




For the Petitioner                  : Mr. A. Bhattacharya.




For the Opposite Party No. 1        : Mr. Arijit Dey.




For the State                       : None.



Heard on                            : 18.04.2023

Judgment on                         : 10.05.2023
                                            2


Shampa Dutt (Paul), J.:



1.   The present revision has been preferred against the Judgment and Order

     dated 16.08.2019 passed by the Learned Additional Sessions Judge, 4th

     Court, Paschim Medinipur dismissing Criminal Revision No. 614 of 2018

     [Aloke Sinha -Vs- Smt. Sutripta Mondal (Sinha)] and affirming thereby the

     order dated 14.09.2018 passed by the Learned Judicial Magistrate, 2nd

     Court, Paschim Medinipur in Misc. Case No. 184 of 2018 [Smt. Sutripta

     Mondal (Sinha) -Vs- Sri Aloke Sinha & 2 Ors].

2.   The petitioner's case is that he was married to the Opposite Party No.1 on

     01.05.2007. The Opposite Party No. 1 initiated a Matrimonial Suit being no.

     300 of 2018 under Section 13 of the Hindu Marriage Act praying for a

     decree of divorce, alleging torture by the petitioner and his family. The

     parties have two children, (twins).

3.   The said petition under Section 13 of the Hindu Marriage Act contained the

     following contention:-

      a) The marriage of the parties was solemnized on 01.05.2007.

      b) Out of the wedlock of the parties, twin babies were born on

          12.09.2011 at Midnapore Spandan Hospital.

      c) The respondent/husband was employed in a private company and

thereafter he lost his job.

d) That prior to the marriage of the parties/the opposite party no.

1/wife she was working as Part Time Teacher at Dantan Bhattar

College, since August, 2006.

4. The Opposite Party No.1/Wife herein obtained an interim order of

maintenance in a proceedings being Misc. Case No. 184 of 2018 under

Section 23 of the Domestic Violence Act, wherein only the two children

were granted interim maintenance of Rs. 7000/- each. The

wife/Opposite Party No.1 here was not granted any interim

maintenance.

5. On appeal under Section 29 of the act, being criminal revision (treated

as appeal) No. 614 of 2018 by the petitioner before the Learned

Additional Sessions Judge, 4th Court Medinipur, the interim order of

the Learned Magistrate was affirmed, with a direction for final disposal

of the Misc. Case 184/2018 with in a time frame.

6. Hence the Revision.

7. On perusal of the materials on record and the judgments and orders in

revision and under reference, it is seen that the Learned Magistrate has

passed an interim order of maintenance only in respect of the children but

not to the wife. The appellant court has directed final disposal of the case

without interfering with the interim order.

8. The guidelines of the Supreme Court in Rajnesh Vs Neha and Anr.,

Criminal Appeal No. 730 of 2020 (Arising out of SLP (Crl.) No. 9503 of

2018), on 04.11.2020, is to be followed when deciding a case under these

acts.

9. This Court finds that the order dated 16.08.2019 passed by the Learned

Additional Sessions Judge, 4th Court, Paschim Medinipur dismissing

Criminal Revision No. 614 of 2018 [Aloke Sinha -Vs- Smt. Sutripta Mondal

(Sinha)] and affirming thereby the order dated 14.09.2018 passed by the

Learned Judicial Magistrate, 2nd Court, Paschim Medinipur in Misc. Case

No. 184 of 2018 [Smt. Sutripta Mondal (Sinha) -Vs- Sri Aloke Sinha & 2

Ors] is in accordance with law and thus requires no interference.

10. The Trial Court while disposing of the Misc. Case finally will follow the

guidelines of the Supreme Court in Rajnesh Vs Neha and Anr. (Supra)

including permitting the parties to file affidavit of assets and liabilities

and make all endeavour to dispose of the case expeditiously.

11. CRR No. 2748 of 2019 is accordingly dismissed.

12. There will be no order as to costs.

13. All connected Applications stand disposed of.

14. Interim order if any stands vacated.

15. Copy of this judgment be sent to the learned Trial Court forthwith for

necessary compliance.

16. Urgent certified website copy of this judgment, if applied for, be supplied

expeditiously after complying with all, necessary legal formalities.

(Shampa Dutt (Paul), J.)