Md. Imran vs Nafisa Zaheen & Anr
2023 Latest Caselaw 5923 Cal

IN THE HIGH COURT AT CALCUTTA 05-09-2023 Criminal Revisional Jurisdiction Chanchal Item no. 92 CRR 1189 of 2023 Ct no.34 Md. Imran

-versus-

Nafisa Zaheen & Anr.

Mr. Ayan Bhattacharyya Mr. Kunal Ganguly ....for the petitioner.

The revisional application has been preferred against

judgment dated 03.03.2023 passed by the learned Additional

Sessions Judge, 3rd Court, Asansol, Paschim Bardhaman in

Criminal Motion No. 14 of 2022/52 of 2022.

I find from the said order passed by the learned Sessions

Court /revisional court had affirmed the order passed by the

learned Judicial Magistrate 6th Court, Asansol in connection with

Misc. Case No. 737 of 2019.

The amount which was awarded Rs. 10,000/- per month to

the wife and Rs. 5000/- per month to the minor child.

Learned advocate appearing for the petitioner submits that

he is paying under the provisions of the P.W.D.V. Act, 2005 in

respect of maintenance/monitory relief claimed by the same parties

(wife and minor daughter). Petitioner is granted liberty to take out

an application praying for adjustment before the learned Judicial

Magistrate, 6th Court, Asansol. The learned 6th Court Asansol would

assess regarding the amount, which has been awarded in the

proceedings under the provisions of P.W.D.V. Act, 2005. There

must be adjustment of the amount, which is being paid under the

provisions of P.W.D.V. Act, 2005. The higher amount would be paid

by the petitioner and, however, the payment must be a single

payment and the petitioner should not be compelled to pay in both

the cases. In case, learned Magistrate is of the opinion that the

higher amount has been passed in the proceedings in connection

with Misc. Case No. 737 of 2019, then in that case the petitioner

could pay only the said amount, which has been decided in the

present case.

With the aforesaid observations, the present revisional

application being CRR 1189 of 2023 is disposed of.

Pending applications, if any, are consequently disposed of.

All concerned parties are to act in terms of a copy of this

order duly downloaded from the official website of this court.

[Tirthankar Ghosh, J]