IN THE HIGH COURT AT CALCUTTA (Criminal Revisional Jurisdiction)

APPELLATE SIDE Present:

The Hon’ble Justice Krishna Rao C.R.R. No. 4527 of 2024 Saikat Das Versus The State of West Bengal & Anr.

Mr. Satadru Lahiri Mr. Yusuf Hossain Mr. Safdar Azam Mr. Syed Wasim Faruque Mr. Jyotirmoy Talukder .....For the petitioner.

Mr. Anniruddha Bhattacharya Ms. Rajyashree Mukherjee Ms. Swagata Samanta .....For the Opposite Party No. 2.

Hearing Concluded On : 20.03.2025 Judgment on : 27.03.2025 Krishna Rao, J.:

1. The petitioner has filed the present revisional application under Section

482 of the Code of Criminal Procedure, 1973 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the judgment and order dated 6th September, 2024 passed by the Learned Additional Principal Judge, Family Court, Calcutta in connection with Misc Case No. 29 of 2016 under Section 125 of the Code of Criminal Procedure, 1973 wherein the Learned Judge directed the petitioner to pay monthly maintenance of Rs. 7000/- per month to the respondent wife and Rs. 8000/- per month to the son in total Rs. 15,000/- month by month within 10th day of each month with effect from the month of September, 2024 and also directed the petitioner to pay Rs. 10,000/-

being cost of the proceeding to the respondent wife.

2. Before filing of an application under Section 125 of the Code of Criminal Procedure, 1973 for grant of maintenance for herself and her son, the respondent no.2 wife had filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Learned Metropolitan Magistrate, 20th Court, Calcutta being Misc Case No. 43 of 2015. The said application was duly contested by the petitioner husband and on 11th March, 2020, the application filed by the respondent wife was dismissed.

3. Being aggrieved and dissatisfied with the judgment dated 11th March, 2020, the respondent wife has preferred an appeal before the Learned Additional District and Sessions Judge, 2nd Fast Track Court being Criminal Appeal No. 110 of 2021 and the said appeal was dismissed on

22nd November, 2023.

4. In the Domestic Violence case, the respondent wife had also filed an application for praying for an interim order under Section 20(d) of the said Act and the Learned Magistrate by an order dated 3rd March, 2016, directed the petitioner to pay a sum of Rs. 5,000/- to the wife and Rs.

5000/- to the minor son total in Rs. 10,000/- per month.

5. In the maintenance case also, the respondent wife has filed an application for grant of interim maintenance. When the application for grant of interim maintenance was taken up for hearing on 30th November, 2021 by that time, the application filed by the respondent wife under the Protection of Women from Domestic Violence Act, 2005 was dismissed and accordingly, the Learned Magistrate by an order dated 30th November, 2021, directed the petitioner to pay interim maintenance of Rs. 4000/- to the wife and Rs. 3000/- to the minor son in total Rs. 7000/- per month till the disposal of the case.

6. Mr. Satadru Lahiri, learned Advocate representing the petitioner submits that in the maintenance proceeding, the respondent wife has filed her affidavit of assets and liabilities suppressed the information about her income, assets and other material information which were relevant for determining her entitlement of maintenance and quantum of maintenance.

7. Mr. Lahiri submits that before filing an application for grant of maintenance, the respondent wife has filed an application under the Domestic Violence Act, 2005 and also obtains an interim order but the said fact was not disclosed in the application under Section 125 of the Code of Criminal Procedure, 1973. He submits that on oath, the respondent wife stated that “no such proceeding is pending between the parties”.

8. Mr. Lahiri submits that in the Domestic Violence proceedings, the respondent wife and her mother adduced their evidence and during the evidence, they made several