Sk Sahajan Ali vs The State Of West Bengal & Anr
2023 Latest Caselaw 3511 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                       C.R.R. 1790 of 2023

                        Sk Sahajan Ali
                              Vs.
                The State of West Bengal & Anr.

For the petitioners     : Md. Sabir Ahmed, Adv.
                          Md. Abdur Rakib, Adv.

Heard on                : 17.05.2023.

Judgment on             : 17.05.2023.

Bibek Chaudhuri, J.

On perusal of the impugned orders, I do not find any illegality

or material irregularity in the impugned orders. An order of interim

monetary allowance is not a protection order for violation of which

Section 31 of the PWDV Act may be invokved.

The Supreme Court in Rajnesh Vs. Neha was pleased to

formulate the following guidelines/directions regarding

enforcement/execution of orders of maintenance. The direction of the

Supreme Court was that an order or decree of maintenance may be

enforced under Section 28(A) of the Hindu Marriage Act; Section

20(6) of the D.V. Act and Section 128 of the Code of Criminal

Procedure as may be applicable.

In case of execution of interim maintenance, Section 128 of the

Code of Criminal Procedure is applicable.

In view of the Hon'ble Supreme Court's guidelines, I am not in a

position to admit the instant revision.

The revisional application is, thus, disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.40.

D/L.