Bidisha Paul @ Bidisha Paul Das v. Rahul Das

22.02.2024 Serial no. 4 [G.S.D] CRR 90 of 2024 In the matter of : Bidisha Paul @ Bidisha Paul Das ... ... Petitioner Mr. Shibaji Kumar Das Mr. Dibendu Sarkar ... for the petitioner Mr. Tapash Mukhapadhyay Mr. Sabir Ahmed Mr. Shraman Sarkar Mr. Tasnim Ahmed ... for the o.p.

The revisional application was preferred challenging the order dated 8th December, 2023 passed by the ld. Addl. Sessions Judge, Kalyani, Nadia in connection with Criminal Revisional No. 43 of 2022.

The grievance of the petitioner/wife is that the ld. Court remanded the whole of the proceedings for adducing evidence and, as such, reopened and rebutted the issue relating to adducing evidence.

Having considered the factum and the issues considered by the ld. Addl. Sessions Judge, Kalyani, Nadia, wherein the ld. Revisional Court was pleased to allow the applicant to the limited extent of adducing evidence in terms of section 125(4) of the cr.p.c., I am of the view that an opportunity must be given to the husband to adduce such evidence, if the same was not properly admitted or, additional evidence was required to be adduced in support of such issue.

The ld. Magistrate in its Judgment and Order dated 28.9.2022 was pleased to award maintenance of Rs.25,000/- per month on and from the month of February, 2024. The petitioner would go on paying the sum of Rs.25,000/- per month on and from February, 2024 till the issue is decided by the ld. Magistrate in respect of the order dated 8.12.2023 passed in Criminal Revisional No. 43 of 2022 by the ld. Additional Sessions Judge, Kalyani Nadia. Parties are directed to appear before the ld. ACJM, 2nd Court, Kalyani, Nadia on 5th March, 2024. The ld. Magistrate within a period of sixty days (preferably by 7th of May, 2024) would comply with the directions and complete the hearing. If required, Judgment be delivered afresh by 20th of May, 2024.

With the aforesaid observations, CRR 90 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)