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IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION

Present:-

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS)

CRR NO.4393 of 2023

ANJANA BISWAS NEE DAS

VS.

THE STATE OF WEST BENGAL & ANR.

For the Petitioner : Mr. Debasis Kar, Adv.

For the Opposite

Party No.2 : Ms. Shahina Haque, Adv.,

Ms. Ayesha Hussain, Adv.

Last heard on : 19-12-2025.

Judgement on : 19-12-2025.

Uploaded on : 22-12-2025.

CHAITALI CHATTERJEE (DAS), J. :-

1. This revisional application has been filed challenging the order passed by the

learned appellate Court being the Additional Judge, Fast Track, 3^rd Court,

Barrackpore, 24-Parganas (North) in Criminal Revision No.265 of 2022 on

August 24, 2023 whereby the order passed by the learned Magistrate for

awarding Rs.4000/- per month as maintenance towards the minor daughter

has been affirmed.

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2. A proceeding under Section 125 was filed by the petitioner who herself is a

service holder working for gain as Sub-Inspector and her net income is

approximately Rs.50,550/- per month as found from her salary slip handed

over by the learned advocate appearing on behalf of the husband.

3. It is submitted by the learned advocate for the petitioner that the minor child

is now aged about five years approximately and is a school going child and to

maintain the child, approximately Rs.20, 000/ is required for her school fees

and other daily requirement and it would be difficult for the mother if she has

to bear all the expenses. It is further submitted that the father is also a

Constable having an income of approximately Rs.50, 000/- per month.

Therefore, it is also the responsibility of the husband to maintain the child.

Learned Advocate for the petitioner, accordingly, prayed for enhancement of

the maintenance amount granted by the learned Magistrate.

4. Learned appellate court affirmed the amount of maintenance granted by the

learned Magistrate directing the husband to pay Rs.4000/- per month as

maintenance to the child and did not entertain the appeal preferred by the wife

for enhancement of the said amount.

5. Learned advocate for the Opposite Party no.2/husband, on the other hand,

raises objection and submits that the petitioner has not placed before this

Court the correct fact as in connection with a proceeding under Section 26 of

the Hindu Marriage Act in a suit MAT Suit No.570 of 2020 pending for a

decree of divorce, an amount of of Rs.5000/- has been granted and

considering this amount of Rs. 4000/- being paid by the husband directed him

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to pay Rs 1000/- in addition to Rs 4000/-.Therefore, the opposite

party/husband is now paying Rs.5000/- per month towards the maintenance

to the minor child. That apart, towards arrear maintenance he is directed to

pay further sum of Rs.1000/- per month totaling to Rs.6, 000/- per month

being paid by the husband. The money receipts are being filed in order to

substantiate the same. Learned advocate for the husband also produced the

certified copy of the order of the learned Additional District Judge, Fast Track

3rd Court, Barrackpore, and North 24 Parganas, dated July 06, 2024.

6. Having heard the learned counsels and going through the materials the

factum of marriage and/or the paternity of the child are found not in dispute.

It is the settled proposition that the both the parents are equally responsible to

maintain the child according to their respective status. Admittedly, the child

is now a school going child and studying at class-V and definitely in view of the

present scenario and the day-to-day expenses, a decent amount is required for

her maintenance. It is also admitted that both the parents are earning and

holding responsible post and it is expected that both the parents are equally

affectionate towards the child and would ensure best education and other

amenities in favour of the child for her upbringing .The factum of payment of

Rs 6000/- by the husband is not disputed however submits that is not

sufficient to meet up all her expenses .In fact the learned advocate of the

petitio