Subhajit Das v. Paramita Das Nee Bhattacharjee
12.09.2025 Serial no.17 Aloke Ct. No. 30 CRR 1405 of 2023 with CRAN 9 of 2025 Subhajit Das Vs.
Paramita Das nee Bhattacharjee Mr. Milon Mukherjee, ld. Ser. Adv.
Mr. Pawan Kr. Gupta Mr. Abhimanyu Banerjee Ms. Sofia Nesar Mr. Santanu Sett ... for the petitioner Mr. Anindya Lahiri, ld. Sr. Adv.
Mr. Subhomoy Paul Mr. Anish Chakraborty ... for the respondent/ opposite party In re : CRAN 9 of 2025 1.
CRAN 9 of 2025 is moved praying for recalling of this Court's order dated 17.01.2025 wherein due to the absence of the petitioner at the time of call in the revisional application, this Court had disposed of the said revision granting opportunity to the petitioner to raise the issues raised in the revision before the appropriate forum.
2.
In course of hearing, the learned counsel for the petitioner/husband submits that criminal appeal no. 3 of 2023 is pending before the court of the learned Additional District Judge, Nadia, wherein the respondent in the appeal being the opposite party/wife herein is not appearing and the matter has been fixed for show-cause by the opposite party/wife herein on 20.09.2025. 3.
On hearing the learned counsels for the parties and on considering the materials on record, this Court directs the opposite party/wife herein to appear in the criminal appeal on the
next date of hearing that is 20.09.2025 and contest the appeal before the appellate Court.
4.
The parties will be at liberty to raise all issues in the appeal including the issues raised in the present revision. It is further directed that the appellate Court shall refer the parties for mediation before the concerned Mediator of the District under the concerned DLSA wherein the mediation shall be conducted only in presence of the parties herein and an attempt be made to conclude the mediation within two months. 5.
It is further directed that in case the mediation succeeds, the appellate Court shall proceed accordingly. In case the mediation fails, the appellate Court shall make all endeavour to dispose of the appeal within three months from the date of the Mediator's report.
6.
It is submitted by the petitioner that he is paying an amount of Rs.15,000/- per month as maintenance which was directed while passing an order of interim maintenance.
7. When the Misc. Case was finally disposed of, the Court directed to pay a sum of Rs.15,000/- for the wife and Rs.20,000/- for the daughter per month total Rs.35,000/- was allowed as maintenance. The said order has been challenged by the petitioner in appeal.
8.
It appears that there is no specific direction to pay an amount of Rs.15,000/- which the petitioner is paying on his own by complying with the order of interim maintenance, which is no more in existence after the final order has been passed. 9.
Accordingly, this Court directs that the petitioner herein shall pay a sum of Rs.25,000/- per month being Rs.10,000/- for
the wife and Rs.15,000/- towards the child, total amounting to Rs.25,000/- as maintenance until further orders. The amount of maintenance as directed by this Court is by way of an interim maintenance and shall be subject to the final adjudication by the learned appellate Court.
10.
The Misc. Execution cases be stayed till disposal of the appeals.
11. CRAN 9 of 2025 stands disposed of.
12.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties expeditiously after due compliance. (Shampa Dutt (Paul), J.)