CRR/5027/2023 of ISTAK AHMED AND OTHERS Vs ZEBA SULTANA on 29 December 2023

29-12-2023 K.B/s.dItem no. 10 Ct no. 3

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction

CRR 5027 of 2023

Istak Ahmed and ors.

-versus-

Zeba Sultana.

Mr. Ranjit Kumar Roy

…..for the petitioner.

Let the supplementary affidavit filed on behalf of the petitioners be takenon record.

Petitioner is aggrieved with the judgment of the first appellate courtpassed in Criminal Appeal No. 53 of 2023.

Learned advocate for the petitioners has urged that his client, that is thepetitioner/husband is unemployed at present and is not in a position to comply withthe court’s order of payment of interim maintenance. He has submitted furtherthat a series of documents have been produced on behalf of his clients before thefirst appellate court to show the status of the petitioner/husband as unemployed,but those have not been considered by the court.

In a proceeding under the Protection of Women from Domestic ViolenceAct, 2005, the learned magistrate directed the petitioners to pay a total amount ofRs.13,000/.- to the opposite party/wife and the minor child. The petitioners beingaggrieved with the same had challenged the same in a criminal appeal asmentioned above. The learned sessions judge, however, without interfering withthe order of the learned magistrate has confirmed the same. The petitioners arenow aggrieved with the order of the first appellate court and has come up beforethis court to pray for adequate relief.

Let there be an order of stay as regards the operation of the impugned orderdated 30-11-2023, in Criminal Appeal No. 53 of 2023, now pending before theDistrict Judge at Howrah, subject to the present petitioner remitting an amount ofRs.10,000/- per month, to the present opposite party/wife. The order of stay shallremain operative, till varied by this court or disposal of this case, whichever isearlier.

Needless to say that, non compliance of this order by the petitioner, wouldrender the order of stay to be vacated automatically, without any reference to thepetitioner.

The said sum of Rs.10,000/- is payable with effect from December, 2023, within the 7[th] day of each succeeding English Calendar month.

Let the petitioner serve notice to the opposite party, along with copy ofthis revision within a period of 3 weeks from date and file affidavit of service, onthe next date of hearing.

Let this matter be listed before the Hon’ble Regular Bench, as perconvenience of the same.

All concerned parties are to act in terms of a copy of this order dulydownloaded from the official website of this court.

[Rai Chattopadhyay, J.]