Sandipan Mondal v. Pradipta Mondal Pramanik And Another

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 4178 of 2022 Sandipan Mondal Vs.

Pradipta Mondal Pramanik & Anr.

For the petitioner :

Mr. Debasish Das, Mr. Swarnankur Dutt Judgement on :

13.04.2023.

Bibek Chaudhuri, J.

In the instant revision an order dated 18th August, 2022 passed by the learned Additional Chief Judicial Magistrate, Berhampore, Murshidabad in Misc. Case No. 138/2021 is assailed. The above-mentioned Misc. Case is under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed by the opposite party no. 1. In the said proceeding upon an application under Section 23 of the PWDV Act, the learned Magistrate after hearing both sides passed an order directing the petitioner to pay monetary allowance at the rate of Rs.20,000/- for the opposite party no. 1 and Rs.10,000/- for one minor child of the parties, total being Rs.30,000/-. The petitioner being aggrieved has filed the instant revision.

It is submitted by the learned Advocate for the petitioner that the petitioner earns Rs.12,00,000/- per annum but his expenditure is more than his income. If the petitioner is able to spend more than what he earns he can pay monetary allowance as`fixed by the learned Magistrate to his wife and minor child. In view of such circumstances, I do not find any merit in the instant revision and accordingly the instant revision is dismissed summarily.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 08.