Pamela Mukherjee Mondal And ANR. v. Debashish Mondal And ANR.

02.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.66 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 602 of 2024 In the matter of : Smt. Pamela Mukherjee Mondal & Anr. ... Petitioners.

Mr. Soumya Banerjee, Ms. Sucheta Banerjee ... For the Petitioners.

Mr. Apalak Basu, Mr. Nazir Ahmed, Ms. Sanghamitra Mridha, Mr. Soumyajit Chakraborty ... For the Opposite Party No.1.

Affidavit-of-service filed in Court today be kept with the record.

The husband/opposite party no.1 has taken up a plea that he earns a sum of Rs.8000/- and on such plea, the learned Magistrate was pleased to award interim maintenance of Rs.1500/- per month to the wife and Rs.1000/- per month to the minor child.

I have considered the submissions of the learned advocates appearing for the petitioners and the opposite party no.1. On an assessment of the submissions so advanced and the materials enclosed, I am of the view that the quantum so awarded is not sufficient for individual to survive.

Accordingly, I direct that a sum of Rs.5000/- per month be awarded as interim maintenance to the wife and Rs.3000/- per month to the minor child aggregating to a sum of Rs.8000/- per month. Since the order was passed on 13.12.2023, the maintenance awarded by the learned Judicial Magistrate, 2nd Court, Barrackpore would continue till December, 2023 and the amount of Rs.5000/- per month

to be paid to the wife and Rs.3000/- per month to the minor child would be implemented and counted from the month of January, 2024.

The aforesaid order is being passed without entering into the core evidence of the case which the parties will adduce at the time of trial.

The learned Magistrate would be at liberty to either reduce the amount of maintenance or enhance the same on the basis of the materials adduced by both the parties at the end of the trial.

With the aforesaid observations, the revisional application being CRR 602 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)