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CALCUTTA HIGH COURT
DEBARTI SARKAR – Appellant
Versus
STATE OF WEST BENGAL & ANR – Respondent
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
Appellate Side
Present:
The Hon’ble Justice Ajay Kumar Gupta
C.R.R. 352 of 2015
Debarti Sarkar
Versus
The State of West Bengal and Anr.
Taken up on : 02.09.2025 Judgment on : 02.09.2025
Ajay Kumar Gupta, J:
1. The petitioner being the wife of opposite party No.2/Vivek Sarkar file this instant application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 challenging the impugned order dated 13th January, 2015 passed by the learned Additional Chief Judicial Magistrate, Sealdah in Misc. Case No.75/14 (TR No.359/14) thereby directed the opposite party No.
2/husband herein to pay an interim maintenance amount to the tune of Rs. 2,000/- per month only to the petitioner/wife.
2. None appears on behalf of the parties.
3. No accommodation is sought for.
4. Considering the nature of prayer and long pendency of this proceeding, this Court preferred to decide the matter on merit on the basis of materials available in the case record.
5. The brief facts of the case are relevant for disposal of this proceeding are as follows:-
6. The petitioner/wife and the opposite party/husband got married on 28th February, 2014. The
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
Interim maintenance awarded must reflect the living circumstances of the family and the income of the husband, adhering to the framework established under section 125 of the Code of Criminal Procedur....
The central legal point established in the judgment is the application of Section 125 of the CrPC, emphasizing the purpose of providing maintenance, the determination of earning capacity, and the pri....
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