CRR/2507/2023 of SUROJIT HAWALADAR Vs NANDINI HAWALADAR MONDAL AND ANOTHER on 29 September 2026

1. None appears on behalf of the petitioner on call, nor has any accommodation been sought for. Even on earlier occasions, none represented the petitioner.

2. This case pertains to the year 2023.

3. Considering the nature of the prayer and long pendency of this case, this Court prefers to decide the case on merits based on the materials available on record.

4. The instant Revisional application under Article 227 of the Constitution of India is filed at the behest of the petitioner/husband of the opposite party no. 1, challenging the impugned order no. 5 dated 03.05.2023 passed in CR Motion No. 14 of 2023 by the learned Sessions Judge, Hooghly arising out of an order dated 04.01.2023 passed by the learned Judicial Magistrate in MC Case no. 418 of 2021 thereby dismissed the Criminal Motion No. 14 of 2023 filed by the petitioner.

5. The Trial Court, originally, after hearing the parties, allowed interim maintenance to the tune of Rs. 2,500/- each to the wife/opposite party no. 1 and her minor child.

6. At the time of passing the impugned order, the learned Magistrate considered the status and probable income of the petitioner as well as that of the wife and their actual needs. She was unable to maintain themselves as she had no income.

7. It further appears that she claimed that her husband/petitioner earned Rs. 30,000/- per month as he was engaged in a ration godown of one Dhiren Das and he also owns a nursery business. The Trial Court did not even prima facie believe the income of the husband as claimed and, further, considering the overall facts and circumstances, allowed interim maintenance to the tune of Rs. 2,500/- each to the wife/opposite party no. 1 and their minor child.

8. Being aggrieved by and dissatisfied with the said order of interim maintenance, the petitioner herein preferred a Revisional application before the learned Sessions Judge, being Criminal Motion No. 14/2023.

9. The Sessions Judge, after considering the case of the petitioner, affirmed the order passed by the Trial Court holding therein that the direction of the Trial Court for interim maintenance to the tune of Rs. 2,500/- each to the wife/opposite party no. 1 and her minor child was found just and proper at the interim stage. This court also concurs with the view of both the courts. There is no perversity in the impugned order by granting interim maintenance as minimum and lower side in favour of the opposite party no. 1/wife and minor child, as the petitioner is an able-bodied person and could easily earn at least Rs. 9,000/- to Rs. 12,000/- per month and he has moral and statutory obligation to maintain his wife and child when she is unable to maintain themselves.

10. Accordingly, the amount awarded as interim maintenance to the opposite party no. 1/wife and her minor child is found correct and legal. Therefore, the interim maintenance as passed by the Trial Court calls for no interference.

11. Accordingly, CRR 2507 of 2023 is dismissed without any order as to costs.

12. Consequently, the connected applications, if any, stand disposed of.

13. Interim order, if any, stands vacated.

14. Let a copy of this order be communicated to the learned court below forthwith.

15. All parties shall act in terms of the copy of this order downloaded from the official website of this court.

16. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Ajay Kumar Gupta, J. )