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Soumitra Das vs Unknown on 18 February, 2019



CRR 89 of 2019
Ct. No. 29
In the matter of:- Soumitra Das …petitioner

Mr. Sanjay Mukherjee
…for the petitioners

This is an application challenging an order dated 3rd December,

2018 passed by the learned Additional Sessions Judge, 5th Fast Track

Court, Alipore, 24-Parganas (South) in Criminal Appeal No.141 of 2014

arising out of Complaint Case No.C/7060 of 2011 under Section 23 of the

Protection of Women from Domestic Violence Act, 2005.

The learned Advocate appearing on behalf of the petitioner

submits that the marriage between the petitioner and the opposite party

no.1 took place in 2007 and a child was born in October, 2009. He submits

that both the husband and wife are gainfully employed. According to him,

after differences between the two crept up, the wife filed proceedings under

Section 498A of the Penal Code and under Section 125 of the Code as well

as under the provisions of the Protection of Women from Domestic

Violence Act against the husband. He submits that in a proceeding under

Section 125 of the Code after a reduction by the learned revisional Court,

the petitioner is paying a monthly interim maintenance for Rs.10,000/- for

the minor child. He further submits that after a reduction the learned

revisional Court, the petitioner is supposed to pay Rs.8000/- as monthly

interim monetary relief for the child for the proceeding under the Protection

of Women from Domestic Violence Act in addition to Rs.10,000/- that the

petitioner is paying as interim maintenance under Section 125 of the Code.

The learned Advocate submits that presently as the petitioner is suffering

from cancer, he has to spend a huge sum of money for his treatment.

Let the petitioner serve a copy of this application upon the State

through the learned Public Prosecutor and upon the opposite party no.1 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 under the heading ‘Contested Application’

two weeks hence.

Urgent photostat certified copy of this order may be supplied to

the parties expeditiously, if applied for.

(Jay Sengupta, J.)

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