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13.02.2020
CRR 533 of 2020
Ct. No. 32
In the matter of:- Aniruddha Barman @ Barma …petitioner
Mr. Dhananjay Banerjee.
…for the petitioner.
This is an application challenging a judgment and order dated
04.02.2019, passed by the learned Additional Sessions Judge,
Chandernagore in Criminal Revision No.11 of 2017.
Learned Counsel appearing on behalf of the petitioner submits as
follows. The opposite party/wife was awarded a sum of Rs.5000/- as
monthly interim maintenance allowance under Section 125 of the Code. In
a proceeding under Section 24 of the Hindu Marriage Act, she was granted
maintenance pendente lite at the rate of 7000/- per month. Upon a revision
filed by the wife against the purported insufficiency of interim maintenance
allowance granted to her, the learned revisional Court increased the sum of
Rs.30,000/- per month. It is alleged by the wife that the husband was
earning Rs.80,000/- as salary. It was further claimed that he was earning
interest on a fixed deposit of about rupees three crores from a bank. This
could not be substantiated by any valid documents. The learned revisional
Court made his own calculation and arbitrarily fixed the sum of Rs.30,000/-
as interim maintenance allowance to be paid to the wife.
Let the petitioner serve a copy of this application upon the State
through the opposite party by speed post with acknowledgment due, within
a week. An affidavit of service to that effect shall be filed on the next date
of hearing.
Let this matter appear as a ‘Contested Application’ two weeks
hence.
It is clarified that no interim order of stay has been granted in this
case.
Urgent photostat certified copy of this order may be supplied to
the parties expeditiously, if applied for.
(Jay Sengupta, J.)
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