Payel Biswas (Das) v. Dr. Indrasish Das

27.02.2025 jb.

jdt.

CRR 1504 of 2024 (CRAN 3 of 2024) In Re: Payel Biswas (Das) Mr. Shibaji Kr. Das Mr. Dibendu Sarkar Ms. Priyanka Bhattacharya ... For the Petitioner Mr. Ayan Bhattacharjee Ms. Kaustav Seal ... For the Applicant-Opposite Party Affidavit of service filed on behalf of the petitioner and affidavit-in-opposition filed by the opposite party are taken on record.

Heard learned counsels for the parties.

The petitioner urges violation of natural justice. The petitioner has assailed the order passed by the learned Additional Sessions Judge, Kalyani, Nadia on 12th March, 2024 in Criminal Revision no. 15 of 2024 whereby the learned Judge has reduced the interim maintenance payable to the petitioner from Rs.20,000/- per month to Rs.3,000/- per month without granting an opportunity of hearing to the petitioner. It appears from the order impugned that on the first date, that is, on 12th March, 2024 the learned Judge took up the case for admission and stay. Upon hearing learned counsel for the opposite party the learned Judge held that there was no justification in keeping the revisional application live. The learned Judge chose to dispose of the revisional application and

reduced the interim maintenance payable to the petitioner without even serving notice upon the petitioner. Since the order impugned was passed without granting an opportunity of hearing to the petitioner, the said order needs to be set aside.

The revisional application is allowed.

The order impugned dated 12th March, 2024 passed by the learned Additional Sessions Judge, Kalyani, Nadia in Criminal Revision no. 15 of 2024 be quashed/set aside. Learned Additional Sessions Judge is directed to reconsider the application filed by the opposite party upon affording reasonable opportunity of hearing to both the parties, in accordance with law.

Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance of requisite formalities. (Suvra Ghosh, J.)