Shri Vijay Govind v. The State And ANR.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] ******** PRESENT: HON'BLE JUSTICE SHAMPA DUTT (PAUL) CRR/11/2023 SHRI VIJAY GOVIND ... PETITIONER

VERSUS

THE STATE AND ANOTHER ... OPPOSITE PARTIES For the petitioner :

Mr. K. M. B. Jayapal For the opposite party No. 1 :

Ms. A. S. Zinu For the opposite party No. 2 :

Mr. Siddhartha Singha Heard on :

14th December, 2023 Judgment on :

18th December, 2023 SHAMPA DUTT (PAUL), J.

1.

The present revisional application has been preferred against order no. 08 dated 07.07.2023 passed in Misc. Execution No. 58 of 2022 (Smt Kala Devi - versus - Shri Vijay Govind) by the Judge, Family Court, Andaman and Nicobar Islands, Port Blair. 2.

Vide the said order, the learned Judge, Family Court held as follows :

"On bare perusal of para-3 of the petition it appears that interim maintenance money receipts from 22.08.2017 to 10.03.2021 are

enclosed with the petition. It is pertinent to point out that this case relates to recovery of arrears of monthly maintenance allowance @ Rs. 10,000/- per month from 01.08.2021 to 31.07.2022 amounting of Rs. 1,13,500/- as detailed above. In other words from the petition it is clear that there are no money receipts to show that the respondent has paid the said legitimate dues amounting to Rs.

1,13,500/-. As the respondent has failed to show money receipts with regard to the claim of the petitioner in this proceeding, the petition being frivolous merits no consideration deserves to be rejected on account of the aforementioned reasons under facts and circumstances of the case to meet the best interest of justice.

Hence, Ordered, the petition dated 06.07.2023 filed by the respondent is duly considered and rejected. As the respondent has not paid Rs. 1,13,500/- which are the legitimate dues of the petitioner who is in a state of penury, it is necessary to issue distress warrant against the respondent for realization of the said legitimate dues of the petitioner from the respondent. The case is fixed to 09.08.2023 for execution report of this distress warrant. The petitioner is directed to file requisites immediately preferably in course of the day."

3.

It is submitted by the learned Counsel appearing for the petitioner that the learned Judge, Family Court did not consider the complete materials on record including the copy of receipts filed showing that the payment for the period from 01.08.2021 to 31.07.2022 amounting to Rs. 1,13,500/- has already been paid.

4.

It is submitted that the learned Court erroneously held that no money receipt for the said period has been filed showing payment of Rs. 1,13,500/- and as such, the petition dated 06.07.2023 was rejected and as the said dues were found to be not paid the Court directed the issuance of distress warrant against the respondent for the realization of the said dues. 5.

Parties have used affidavits which are on record. The submissions of the learned Counsel for the respondent/wife is that the entire dues have not been paid for which she is suffering and the order under revision being in accordance with law requires no interference and as such the present revision is liable to be dismissed with costs.

6.

On careful perusal of the materials on record which includes the petition of the petitioner/husband filed in Misc. Execution Case 58 of 2022 being the respondent therein, it appears on careful scrutiny that all the receipts (46 in all) has been filed showing payment from 22.08.2017 to 05.07.2023. The present revision has been preferred against an order dated 07.07.2023. As such, all the receipts in support of the said payment are on record and was duly annexed to the said petition filed by the respondent/husband before the Family Court. Payments on certain days include all arrears leaving nothing due, prima facie.

7.

On calculation of the total payment made it appears that a sum of Rs. 2,50,000/- has been made from 22.08.2017 to 10.03.2021 and a further sum of Rs. 3,30,500/- has been paid between 18.05.2020 to 05.07.2023.

8.

Thus, the total payment for the period from 22.08.2017 to 05.07.2023 (prior to the order being delivered on 07.07.2023) amounts to Rs. 5,80,500/-.

9.

The learned Judge, Family Court held that the payment from 22.08.2017 to 10.03.2021 has been made as copies of money receipts have been filed. But as the learned Judge could not find the receipts from the period 01.08.2021 to 31.07.2022 for the amount of Rs. 1,13,500/-, the learned Judge rejected the petitioner's application and issued distress warrant. 10.

It is clearly seen from the copy of the application before the Trial Court that the schedule provided clearly also shows payment for the period from 18.05.2020 to 05.07.2023 and copies of the receipts have been annexed serially with the said application. 11.

The amount for the period from 22.08.2017 to 10.03.2021 which amounts to payment for 44 months at the rate of Rs. 10,000/- per month amounts to total Rs. 4,40,000/-. When the said amount of Rs. 4,40,000/- is deducted from the total amount of Rs. 5,80,500/-, a balance of Rs. 1,40,500/- is already

on record showing payment, made for the disputed way of arrear period by payments.

12.

The learned Judge held that the outstanding dues is Rs. 1,13,500/- which is well within the amount of Rs. 1,40,500/- as all the receipts have been serially annexed to the petition. 13.

CRR/11/2023 is accordingly allowed. Order No. 8 dated 07.07.2023 in Misc. Execution No. 58 of 2022 pending before the learned Judge, Family Court, Andaman and Nicobar Islands, Port Blair is set aside.

14.

The distress warrant/warrants, if issued, is hereby recalled. Misc. Execution Case No. 58 of 2022 pending before the Family Court, Port Blair be disposed of by the Court on full satisfaction. 15.

All connected applications stand disposed of. 16.

Interim order, if any, stands vacated.

17.

Copy of this judgment be sent to the learned Trial Court for necessary compliance.

18.

Urgent certified website copy of this Judgment, if applied for, be supplied expeditiously after complying with all, necessary legal formalities.

[SHAMPA DUTT (PAUL), J.]