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Manoj Kumar Shaw vs Puja Shaw & Anr on 23 July, 2018


In The High Court At Calcutta
Criminal Revisional Jurisdiction

CRR 1695 of 2018
Manoj Kumar Shaw


Puja Shaw Anr.

Mr. Asit Kumar Bhattacharyya
… for the petitioner.

In this application the petitioner/husband has challenged the order dated

May 11, 2018 passed by the learned Additional Principal Judge, Family Court,

Calcutta in Misc. Case No. 38 of 2016 whereby and whereunder the learned

Judge allowed the application under Section 125 CrPC in part and directed the

petitioner/husband to pay to his wife a sum of Rs.4,000/- per month towards

her maintenance allowance from 1st May, 2018 and further awarded one-time

litigation cost of Rs.2,000/-.

The ground taken by the petitioner/husband is that he is only earning Rs.

74,730/- per annum as per the Income Tax Return for the assessment year

2017-2018. The learned judge while considering the quantum of maintenance

came to conclude on the basis of the cross-examination of the husband. The

petitioner did not send any request letter to his wife to come back to his place

but had personally went to her to take her back and during pendency of this

application he had preferred a divorce suit and maintenance pendentelite under

Section 24 of the Hindu Marriage Act in the said matrimonial suit was being paid

by him.


According to the wife the earning of her husband was to the tune of

Rs.30,000/- as agent of LIC and other businesses. E-money order was also taken

for consideration which shows that he had paid maintenance pendentelite at the

rate of Rs.6,000/-. So, obviously the Maintenance pendente lite under Section 24

of Hindu Marriage Act must have been considered on the basis of evidence.

So, I do not find any ground to interfere into the order impugned.

Thus, this revisional application being CRR 1695 of 2018 is dismissed.

sh ( Shivakant Prasad, J.)

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