IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION Appellate Side Present:

The Hon’ble Justice Ajay Kumar Gupta C.R.R. 673 of 2022 Jolly Bera nee Saha Versus Provakar Bera WITH CRR 2572 of 2023 Provakar Bera Vs.

Jolly Bera nee Saha For the Petitioner : Mr. Ramdulal Manna, Adv.

In CRR 673 of 2022 Ms. Manju Manna (Dey), Adv.

& Opposite Party Mr. Sayan Mukherjee, Adv.

In CRR 2572 of 2023 For the Opposite Party : Mr. Raja Bhattacharjee, Adv.

In CRR 673 of 2022 Ms. Marie Kundu, Adv.

& Petitioner in CRR

2572 of 2023 Heard on : 02.09.2025 Judgment on : 24.09.2025 Ajay Kumar Gupta, J:

1. Both the Criminal Revisional applications being CRR 673 of 2022 and CRR 2572 of 2023 filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) are taken up together for analogous disposal since both the wife and husband have challenged the judgment and order dated 08.02.2022 passed by the Learned Judicial Magistrate, 4th Court, Howrah in connection with Misc. Case No. 280 of 2001 (CIS 745/2015)/T.R. No. 35/03 dated 11.02.2003 in a proceeding filed under Section 125 of the Cr.P.C. by the petitioner/ wife.

2. By the said judgment and order, the Trial Court has allowed maintenance allowance in favour of the wife to the tune of Rs. 8,000/- per month payable by 10th day of each succeeding English Calender months from the date of filing of the application under Section 125 of the Cr.P.C., failing which the petitioner/wife shall be at liberty to proceed as per law. The amount already paid by the Opposite party/husband towards interim maintenance/other proceeding shall be adjusted with the subsequent payments.

3. Sans unnecessary details, the facts of the case are that the petitioner, Jolly Bera nee Saha and the opposite party, Provakar Bera, are legally married. Their marriage was solemnised on 04.12.1997 at Arati Sett Villa, Ramcharan Sett Road, Ramrajatala Howrah as per Hindu Rites and Customs. The marriage was a registered one. At the time of marriage, the parents of the petitioner gave gold ornaments, furniture and other valuable household articles, including cash amounting to Rs. 70,000/-. After marriage, they lived at the matrimonial home and out of their wedlock, they were blessed with one male child on

07.10.1998 at B.R. Singh hospital at Sealdah.

4. It is the case of the petitioner/wife that from the very inception of marriage, not only was she subjected to physical and mental abuse by her husband and his family members, but her husband was also involved in an illicit relationship with another lady.

5. After the child’s birth, neither the opposite party/husband nor any of his family members undertook any care. It was also alleged that the opposite party/husband assaulted the petitioner/wife on numerous occasions. She was also not provided with proper medical care when she was pregnant.

6. Whenever the petitioner protested against her husband’s illicit relationship, infuriated, he would threaten the petitioner with dire consequences, and finally, on 19th March, 1999, she was brutally tortured. She was, ultimately, driven out of her matrimonial home on 20th March, 1999, along with her baby. She was compelled to take shelter at her parental home at Jagacha, Howrah and is still residing thereat.

7. The petitioner, finding no alternative, filed a suit for divorce under Section 13 of the Hindu Marriage Act before the Learned District Judge, Howrah, being MAT Suit No. 252/1999. In the said proceeding, interim maintenance @ Rs. 3,000/- per month was awarded for herself and the child.

8. The amount of maintenance awarded by the Learned Judge in favour of the Petitioner was insufficient. She further filed an application under Section 125 of the Cr.P.C. on 21.08.2001. Earlier, she prayed for less maintenance, but subsequently, during adducing evidence, she prayed for maintenance of Rs. 8,000/- per month for herself and Rs. 7,000/- per month for their child, claiming she has no income of her own to mai