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2026:CHC-AS:1158

Form No.J(2)

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

APPELLATE SIDE Present:

THE HON’BLE JUSTICE CHAITALI CHATTERJEE (DAS)

CRR 146 of 2023

POULAMI TARAFDAR (SAHA)

VS.

Dibesh Saha

For the Appellant: Mr. Dhrubajyoti Ghosh Mr. Saibal Mondal

Ms. Sonali Ghosh

For the State : Mr. Balaram Patra Mr. Suvadip Bhattacharje

Heard On : 24. 07.2026 Judgment On : 31.07.2026

Uploaded On : 31.07.2026 CHAITALI CHATTERJEE (DAS) J:

1. This revisional application has been filed by the petitioner wife against the judgement and order dated October 12, 2022 passed by the judicial magistrate Kalyani, in Misc. Case number 09 of 2021, refusing to grant monthly maintenance to the petitioner and her child and directing the present opposite party to handover Bank fixed deposit

certificate of ₹11, 00, 000 in the name of minor son.

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2. An application was filed by the petitioner under section 125 of the code of criminal procedure, 1973 before the learned ACJM ,Kalyani, praying for an amount of maintenance of ₹30,000 for herself and

₹20,000 per month for her child.

The marriage between the parties were solemnised on 21.11.2016 and the child was born on 18.12.2019, but marital discord cropped up between the parties and the petitioner had to lodge diary and filed a complaint under section 498A of IPC being C438 of 2020 against the opposite party. The petitioner had to take refuge to her parents home without any income of our own at the material time. On March 19, 2021 opposite party appeared and filed written objection as well as the affidavit of assets and liabilities. The learned Magistrate after considering the submissions of the respective parties disposed of the application for interim maintenance on July 27, 2022, directing the opposite party, inter alia pay ₹10, 000 per month to the petitioner for her son along with arrears from the date of filing of the case in four

equal monthly instalments

3. The said amount remained unpaid for 20 months up to the date of final disposal of the case and after the evidences were adduced by judgement and order passed on October 12, 2022,the learned Magistrate disposed of the case, refusing the prayer for monthly maintenance of both the petitioner and the child, but directed the opposite party to handover the bank fixed deposit of ₹11, 00, 000 as a

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security in the name of minor son to the petitioner, making her the

nominee.

4. The learned advocate representing the petitioner submits that the learned magistrate initially allowed the maintenance in her favour, but later on refused to grant the same without considering that the wife is maintaining the child as well as herself and, it becomes difficult to maintain herself as well as her minor son with her sole income. In course of hearing a chart of establishment expenses in respect of the maintenance of child was filed before this court prepared in terms of direction of this court which reflects, the total expenses incurred for the year 23–2025 is 4, 81, 342/- and the amount has been paid by the opposite party is of ₹3, 70, 490 and the amount is due to be paid is ₹1, 10, 850. The learned advocate also annexed the fees details and relevant rules of PathaBhavan Montessori and Primary Department School as well as the fee structure of 2026-27 of Garden, High School. However, these documents were never placed before the learned

Magistrate.

5. The advocate representing the opposite party on the other hand filed the Affidavit of exception in respect of chart submitted by the petitioner and denied the expenses shown in the chart. It is also his objection that where the petitioner claims that payments have already been made, she has failed to annex the corresponding fee receipts, invoices, or payment, acknowledgement, bank statements, or any other

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contemporaneous documentary evidence, and in absence of such evidence, the chart remains and unverified