Utpal Dey v. State Of West Bengal And ANR

18.09.2025 Item No.29 BR CRR 2827 of 2025 Utpal Dey -vsState of West Bengal and anr.

Mr. Suvendu Sekhar Ray, Mr. Kaushik Choudhury .... For the petitioner 1.

The revisional application has been preferred against an order dated 23.05.2025 passed by the learned Additional District and Sessions Judge, Redesignated Court, Bankura in criminal revision No. 58 of 2023, allowing the said criminal revision in part which was preferred by the opposite party No. 2 against an order dated 22.08.2023, passed by the learned Judicial Magistrate, 6th Court, Bankura granting Rs. 10,000/- per month to the opposite party No. 2/wife from the date of filing within 10th day of every month by modifying the said magisterial order and directing the petitioner to pay interim maintenance of Rs.

20,000/- per month to the wife/opposite party No. 2 from

the date of filing of the case till the final disposal of the case.

2.

Learned counsel for the petitioner submits that till date he is ready and willing to comply with the order of the learned revisional Court directing to pay Rs. 20,000/- per month but it is stated that there is an execution proceeding pending before the learned Magistrate wherein an outstanding arrear has accumulated to a sum of Rs.

3,55,000/-.

3.

The said order has been passed by learned Magistrate in an execution case.

4.

In the present case the interim order of the Magistrate and order of the learned Additional Sessions Judge have been challenged .

5.

The order passed in the execution case is not before this Court.

6.

The petitioner/husband is an Assistant Professor at I.I.T. Roorkee.

7.

Considering the said fact and the amount as granted by the Additional Sessions Judge of

a sum of Rs. 20,000/- as interim maintenance, the same is justified and proper and this Court finds no reason to interfere with the order under challenge at this stage.

8.

Considering the prayer of the petitioner regarding installments in respect of the arrear amount, the petitioner is at liberty to approach the learned Magistrate in the execution case, praying for installment which the learned Magistrate shall consider and decide in accordance with law considering that the order under challenge has not been interfered with.

9.

As there is no order passed against the opposite party, the criminal revision is disposed of without service to the opposite party.

10.

Parties to act on the server copy of this order.

( Shampa Dutt (Paul), J. )