HARUN RASHID KHAN Vs. STATE OF WEST BENGAL
LAWS(CAL)-2021-7-40
HIGH COURT OF CALCUTTA
Decided on July 16,2021

Harun Rashid Khan Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Jay Sengupta,J. - (1.)This is an application challenging judgment an order dated 27.02.2019 passed by the learned Sessions Judge, Paschim Medinipur in Criminal Appeal No.1 of 2017, thereby modifying the order of interim maintenance passed by the learned Judicial Magistrate, 4th Court at Paschim Medinipur in C.R. Case No.31 of 2015.
(2.)Learned counsel appearing on behalf of the petitioner husband submits as follows. The petitioner is working as a Laboratory Assistant, a Group-D staff at the Hijli College. His net pay is about Rs.12,510/- only as on May, 2019. His job as an LIC agent has already been terminated. He has his mother to look after. The private opposite party being the wife of the petitioner filed an application under the provisions of Protection of Women from Domestic Violence Act in 2015 claiming some relief. By an order dated 24.11.2016 passed by the learned trial court, the petitioner/husband was directed to pay maintenance allowance on interim basis to the defacto complainant of Rs.4,000/- per month to the aggrieved person for herself, Rs.3,000/- per month for each of her two minor children, Rs.2,000/- per month towards cost of separate residential accommodation and Rs.1,000/- per month for medical expenses. Being aggrieved by this order the petitioner preferred an appeal. By an order dated 27.02.2019 passed by the learned appellate court in Criminal Appeal no.1 of 2017, the husband was directed to pay the sum of Rs.3,000/- per month as interim maintenance for the wife, Rs.2,000/- per month each for her two child and a sum of Rs.2,000/- per month for residential accommodation. It is beyond the capacity of the petitioner to pay such high sums as maintenance allowance for the wife and the children.
(3.)I have heard the submissions of the learned counsel appearing on behalf of the petitioner and have perused the revision petition, the orders passed by the learned trial court and the learned appellate court.
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