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2015 Supreme(Cal) 485

R.K.BAG
Angshuman Chakraborty – Appellant
Versus
Arpita Banerjee – Respondent


ORDER :

The petitioner has preferred this revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 challeging the judgment and order dated February 27, 2015 passed by learned Additional Sessions Judge, 2nd Court, Durgapur, in Criminal Appeal No.41 of 2014 affirming the order dated September 25, 2014 passed by learned Additional Chief Judicial Magistrate, Durgapur, in Misc. Case No.69 of 2013, by which learned Judges of the court below directed the petitioner husband to make payment of interim maintenance @ Rs.5,000/- per month in favour of the opposite party wife.

2. It appears from the materials on record that the opposite party wife filed an application under Section 23(1) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Domestic Violence Act) against the petitioner husband before the court of learned Magistrate praying for interim maintenance @ Rs.15,000/- per month on the ground that the opposite party wife was compelled to live in the house of her parents and that she has no income for maintenance of her livelihood, whereas the petitioner husband earns about Rs.80,000/- per month as an Engin











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