Arshad Molla v. Azima Molla And Another
06.05.2024
IN THE HIGH COURT AT CALCUTTA
Item No.17 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.
C.R.R. 1359 of 2023 In the matter of : Arshad Molla ... Petitioner.
Mr. Tushar Kanti Mukherjee ... For the Petitioner.
Mr. Sandipan Das, Ms. Aparna Mondal ... For the Opposite Party No.1.
Petitioner is the father-in-law who has been foisted with an order under the relevant provisions of the Protection of Women from Domestic Violence Act thereby directing to pay Rs.3000/- per month as monetary relief by way of interim maintenance in connection with Case No. 3230 of 2017 pending before learned Judicial Magistrate, 3rd Court, Alipore. Learned advocate appearing for the wife/opposite party no.1 submits that during the pendency of the revisional application, the husband has been arrested in connection with Sundarban Coastal Police Station Case No. 164 dated 07.12.2016 which is pending before learned Judicial Magistrate, 6th Court, Alipore.
The learned Judicial Magistrate, 3rd Court, Alipore is directed to issue notice and/or exhaust other process of law for compelling the appearance of the husband viz. Abu Siddique Molla. The learned court would thereafter reconsider whether the interim maintenance be paid by the husband or the father-in-law. Till such decision is taken by the learned Judicial Magistrate, 3rd Court, Alipore in connection with Case No. AC 3230/17, the earlier order dated 04.10.2018
affirmed in Criminal Appeal No. 64 of 2021 be kept in abeyance.
It is informed that next date has been fixed on 19.06.2024. The husband viz. Abu Siddique Molla be compelled to appear on the said date being 19.06.2024 and the interim monetary relief be decided afresh within sixty days from 19.06.2024.
With the aforesaid observations, the revisional application being CRR 1359 of 2023 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.)