Mallika Das v. Tapan Das

19.09.2024 Item No.1 Ct. No. 26 Bench ID 265934 CHC CRLCP 22 of 2024 CRM/39/2021 Smt. Mallika Das Vs.

Sri Tapan Das Mr. Abhra Mukherjee, Advocate Mr. Soumen Bose, Advocate Mr. Sauradeep Dutta, Advocate Mr. Arpayan Mukherjee, Advocate Mr. Swakshar Kumar Mondal ....for the petitioner Mr. Pradyat Saha, Advocate Mr. Amadipta Sengupta, Advocate ...for the contemnor/opposite party 1.

Petitioners complain of violation of the order dated February 16, 2022 passed in CRM 39 of 2021.

2.

Such order was passed while considering an application for cancellation of bail. We dismissed the application for cancellation of bail. We, however, noted that the private opposite party/alleged contemnor herein will pay to the petitioner month by month a sum of Rs. 20,000/- per month commencing from the month of January, 2022. First payment for the month of January, 2022 and February, 2022 was directed to be made by February 28, 2022 and for the subsequent months by the 15th of each month. We also clarified that, the Jurisdictional Court would be at liberty to fix the quantum and the period of maintenance.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 20 th of September 2024 12:19:30 PM

3.

Learned advocate appearing for the petitioner submits that, payment strictly in terms of the order dated February 16, 2022 is not being made.

4.

We enquired from the learned advocate for the petitioner as to whether the Jurisdictional Court fixed the quantum and the period of maintenance or not. He submits that, it is yet to be done.

5.

In the facts of the present case, we are not minded to invoke the jurisdiction under the Contempt of Courts Act, 1971 or Article 215 of the Constitution of India. The order notes that, the manner and the quantum of payment to be made. 6.

Parties are granted liberty to take appropriate steps before the Jurisdictional Court.

7.

In such circumstances, CRLCP 22 of 2024 is dismissed. 8.

This order will not prevent the petitioner from taking appropriate steps before the appropriate forum. (Debangsu Basak, J.) (Bibhas Ranjan De, J.) Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 20 th of September 2024 12:19:30 PM