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2021 Supreme(Cal) 580

BIBEK CHAUDHURI
Partha Sakha Maity – Appellant
Versus
Bijali Maity – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amar Nath Sen, Mr. Malay Dhar, Mr. Biswajit Sarkar.
For the Respondents: Mr. Sankar Prashad Dalapati, Mr. Sourav Mondal.

JUDGMENT :

(Bibek Chaudhuri, J.) :

1. The question as to whether maintenance allowance awarded to the wife/opposite party is adjustable with the monetary relief granted to her under Section 23 of the Protection of Women from Domestic Violence Act is the subject matter of adjudication in the instant criminal revision. The present petitioner is the husband of the opposite party No.1. The opposite party No.1 filed an application under Section 12 read with Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereafter described as the said Act) praying for monetary relief. The learned court below granted interim relief monetary at the rate of Rs.3000/- per month to be paid by the petitioner/husband to the opposite party No.1/wife under Section 23 of the said Act.

2. The present petitioner filed an application on 6th July, 2018 in the 3rd Court of the learned Judicial Magistrate, Contai praying for adjustment of order of interim monetary relief passed in Misc (DV Case No.7 of 2015 by the learned Judicial Magistrate, 3rd Court at Contai with the final order of maintenance of Rs.3000/- per month passed in Misc Case No.204/2014 under Section 125 of the Code of Criminal Pr

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