Apurba Deb v. State Of West Bengal And ANR

C.R.R.2198 of 2022 D/L20 18.07.2023 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Shri Apurba Deb

Versus

The State of West Bengal and another Mr. Bibaswan Bhattacharya.

...for the petitioner.

Mr. Monish Sen Ms. Oisani Mukherjee.

...for the opposite party no.2.

By an order dated 11.07.2022, a coordinate Bench of this Court by way of interim measure was pleased to grant Rs.10,000/- per month as monetary relief to all the aggrieved persons in the application under Section 12 of the PWDV Act which included the wife and the two daughters.

So far as the quantum so decided by the co-ordinate Bench, I do not intend to alter the same. However, the petitioner is directed to bear all the educational expenses which would include school fees, conveyance and other tuition fees of the girl child, namely, Rammyani Deb. The petitioner will also disburse the arrears which have accrued within a period of three months from the next date so fixed before the learned trial court. The aforesaid order is an outcome of the interim relief or interim maintenance, which was granted by the learned trial court and is not a subject matter of final adjudication of the present case. The final adjudication of the present proceeding is before the learned trial

court, where other issues and prayers in the application under Section 12 of the PWDV Act is pending.

Learned trial court would proceed with the evidence of the case and fix at least one date in a month so that the trial court can come to its independent finding which would be irrespective of any observations made by this Court while disposing of the present revisional application.

With the aforesaid observations, CRR 2198 of 2022 is disposed of.

Pending application, if any, is 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 of all requisite formalities.

(Tirthankar Ghosh, J.)