Avinash Kumar Pandey @ Avinash Pandey v. Nikki Choubey @ Nikki Pandey And Others

28-01-2025 Ct. No.34 b.das CRR No. 2547 of 2024 + CRAN 1 of 2025 In the matter of :

Avinash Kumar Pandey @ Avinash Pandey ... petitioners.

Mr. Shibaji Kumar Das ...for the petitioner.

Mr. Kunal Ganguly Mr. Tirupati Mukherjee ...for the opposite parties. Heard learned counsels for the parties.

The petitioner being the husband of the first opposite party is aggrieved by the judgment and order dated 20th April, 2024 passed by the learned Additional Sessions Judge, 4th Court, Asansol, Paschim Bardhaman in Criminal Appeal No.01 of 2024 whereby the learned Judge has partly allowed the appeal and directed the petitioner to pay a one-time compensation of Rs.50,000/- and monthly maintenance as directed by the learned Magistrate to the tune of Rs.16,000/- per month. An execution case has been initiated by the first opposite party for execution of the said order.

Learned counsel for the petitioner submits that out of the due amount in the execution case of Rs.3,54,000/- towards monetary relief for the period 6th December, 2022 to 5th July, 2024 and one-time compensation of

Rs.50,000/-, the petitioner has paid Rs. 1,70,000/- till date.

The petitioner seeks reduction of the monthly maintenance payable by him. Learned counsel takes this Court to pay slips of the petitioner for the months of September, 2024 and December, 2024 which demonstrate that the net salary of the petitioner vary from Rs.45,000/- to 40,400/- per month.

The petitioner undertakes to pay Rs.14,000/- per month for the first opposite party and her child regularly along with arrear maintenance due.

Learned counsel for the opposite parties submits that the arrear maintenance is yet to be liquidated by the petitioner.

Upon consideration of the submission made on behalf of the parties and material on record, this Court is of the view that the petitioner be directed to pay maintenance to the tune of Rs.7,000/- for the first opposite party and Rs.7,000/- for the child, the total amount payable being Rs.14,000/- per month. This order shall take effect from this date. The amount for each month be payable within the 7th day of each succeeding month.

The direction for payment of Rs.50,000/- as one time compensation shall remain unaltered. The arrear maintenance shall be liquidated by the petitioner in two

equal instalments, the first instalment being payable within one month from date and the next instalment within one month thereafter.

The judgment and order impugned dated 20th April, 2024 is modified to the said extent.

Accordingly, CRR 2547 of 2024 along with CRAN 1 of 2025 are disposed of.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

( Suvra Ghosh, J. )