Shreyasi Dey v. State Of West Bengal And ANR

03.02.2023

IN THE HIGH COURT AT CALCUTTA

Item No.10 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1435 of 2021 Shreyasi Dey versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Soumajit Chatterjee, Mr. Prithish Bandyopadhyay ... For the Petitioner.

Mr. Arijit Ganguly, Ms. Sujata Das ... For the State.

Mr. Aniket Mitra, Mr. Soumen Datta, Mr. Pinaki Brata Ghosh, Mr. Abhinab Roy ... For the Opposite Party No.2.

The petitioner is aggrieved by the quantum of maintenance awarded in the order dated 06.04.2021 passed by learned Judicial Magistrate, 2nd Court, Barasat in case no. M-460 of 2020.

I find that the learned Magistrate by the said order, awarded interim maintenance of Rs.5000/- per month for each of the minor daughters which was from the date of the application i.e. from 09.10.2020 till disposal of the case. In view of the status of the parents, the educational institutions which the minor daughters are attending and the way of life which they are adopted to, I am of the opinion that the quantum so awarded may not suffice the needs of the children.

Accordingly, I direct that during the pendency of the main application, the husband/father of the child would pay

Rs.10,000/- per month to each of the minor daughter aggregating to a sum of Rs.20,000/- per month. So far as the arrears are concerned, that may saddle the husband/father with huge liability. In order to deter the husband/opposite party no.2 herein from facing any financial stringency and for the children to carry on their smooth life, I direct that the arrears for this particular case be computed for this enhanced amount on and from 06.04.2022. This order, however, will not have any effect on the final outcome of the proceedings. The learned Magistrate would independently consider, after the evidence is over, regarding the quantum of arrears which is to be imposed and executed at the final stage.

With the aforesaid observations, the revisional application being CRR 1435 of 2021 is disposed of. All pending connected applications, if any, are consequently disposed of.

All 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.)