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2021 Supreme(Cal) 530

JAY SENGUPTA
Harun Rashid Khan – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Tauhid Khan.

JUDGMENT :

Jay Sengupta, J.

1. This is an application challenging judgment an order dated 27.02.2019 passed by the learned Sessions Judge, Paschim Medinipur in Criminal Appeal No.1 of 2017, thereby modifying the order of interim maintenance passed by the learned Judicial Magistrate, 4th Court at Paschim Medinipur in C.R. Case No.31 of 2015.

2. Learned counsel appearing on behalf of the petitioner husband submits as follows. The petitioner is working as a Laboratory Assistant, a Group-D staff at the Hijli College. His net pay is about Rs.12,510/- only as on May, 2019. His job as an LIC agent has already been terminated. He has his mother to look after. The private opposite party being the wife of the petitioner filed an application under the provisions of Protection of Women from Domestic Violence Act in 2015 claiming some relief. By an order dated 24.11.2016 passed by the learned trial court, the petitioner/husband was directed to pay maintenance allowance on interim basis to the defacto complainant of Rs.4,000/- per month to the aggrieved person for herself, Rs.3,000/- per month for each of her two minor children, Rs.2,000/- per month towards cost of separate residential accommodatio

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