Akshoy Kumar Mondal vs Smt. Radha Rani Mondal & Anr
2023 Latest Caselaw 6327 Cal

    17
20.09.2023

Court No.237 pg.

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE

CRR 1076 of 2016

Akshoy Kumar Mondal Vs.

Smt. Radha Rani Mondal & Anr.

Mr. Sumanta Chakraborty Mr. Sourabh Sundar Shee ... For the petitioner

Ms. Jagriti Bhattacharya Mr. Abhradip Jha ... For the opposite party no.1

This revisional application has been filed assailing the order of

maintenance under Criminal Revision No.12044 of 2014 passed by

the learned Additional District Judge, Fast Track Court, Purba

Medinipur.

The opposite party no.1/Radha Rani Mondal filed one

application under Section 125 of the Code of Criminal Procedure with

the allegation of torture and driven out from her matrimonial home

before the Court of the Chief Judicial Magistrate, Tamluk, Purba

Medinipur, which was subsequently transferred to the learned

Judicial Magistrate, 2nd Court, Tamluk, Purba Medinipur. After trial,

learned Magistrate passed order refusing maintenance on the ground

that the allegation made in the petition under Section 125 of the Code

of Criminal Procedure could not be substantiated by any

corroborating evidence and the opposite party no.1/wife was found

deserted her matrimonial home without any reason and ultimately

opposite party no.1/wife could not prove sufficient reason for residing

apart from the petitioner/husband and that is why the maintenance

was refused.

Being aggrieved by and dissatisfied with the said judgment

passed by the learned Judicial Magistrate, 2nd Court, Tamluk, Purba

Medinipur, the opposite party no.1/wife preferred a revisional

application before the learned Sessions Judge, Purba Medinipur at

Tamluk which was subsequently transferred to the Court of the

learned Additional District Judge, Fast Track 2nd Court, Tamluk,

Purba Medinipur, for disposal. Learned Judge disposed of that

Criminal Revision No.12044 of 2014 holding, inter alia, that there

was marital disharmony in between the parties during stay at the

residential quarter of the petitioner/husband. The learned Judge

considered the separate residences of the parties and also the fact of

refusal to maintain the opposite party no.1/wife by the petitioner/

husband and awarded maintenance of Rs.10,000/- per month from

the date of filing of the application under Section 125 of the Code of

Criminal Procedure.

Being aggrieved by and dissatisfied with the said order, this

revisional application has been filed before this Court by the

petitioner/husband.

In course of hearing, Mr. Sumanta Chakraborty, learned

advocate appearing on behalf of the petitioner/husband has

submitted that the petitioner/husband is ready to comply with the

order of maintenance of Rs.10,000/- per month in terms of the order

of the learned Additional District Judge, Fast Track 2nd Court,

Tamluk, Purba Medinipur, passed in connection with the Criminal

Revision No.12044 of 2014, from the date of the order passed by the

learned Magistrate on 25th June, 2014.

Ms. Jagriti Bhattacharya, learned advocate, appearing on behalf

of the opposite party no.1/wife also conceded the submission and

proposal made on behalf of the petitioner/husband.

Accordingly, I find no reason to go into the merit of this case as,

admittedly, both the parties to this revisional application are residing

separately and the petitioner/husband, being an able bodied person,

is duty-bound to maintain her wife, i.e., opposite party no.1.

Considering all the aforesaid facts and circumstances of this

case, the instant revisional application is disposed of with a direction

upon the petitioner/husband to pay the maintenance of Rs.10,000/-

to the opposite party no.1/wife from 25th June, 2014.

It is further directed to pay maintenance of Rs.10,000/- per

month regularly within fifth day of each succeeding month and also

to pay arrear, if any, within three months from the date of this order.

Interim order, if any, stands vacated.

All pending applications, if any, are consequently disposed of.

Department is directed to send back Lower Court Records

forthwith.

All parties shall act on the server copies of this order duly

downloaded from the official website of this Court.

Criminal Section is directed to supply certified copy of this order,

if applied for, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)