Somnath Bhowmik vs State Of West Bengal & Ors

Shivakant Prasad, J

Affidavit of service filed on behalf of the petitioner/husband be kept on record.

In response to service effected, Mr. Chatterjee, learned advocate appears for the opposite parties.

In this revisional application, the petitioner/husband has challenged the order dated 21.11.2019 passed by the learned Judicial Magistrate, 7th Court at Alipore in connection with M. Execution Case No.26 of 2019 relating to the application filed under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 corresponding to Criminal Appeal No.74 of 2019 now pending before the Court of learned Judge, FTC, 5th Court, Alipore in which the order of the learned Judicial Magistrate has been challenged.

I have heard Ms. Mitra, learned Advocate appearing for the petitioner and Mr. Chatterjee, learned Advocate appearing for the opposite parties on merit of the case.

It is pointed out that on an application under Section 12 read with Section 23(1) of the P.W.D.V. Act, 2005, learned Judicial Magistrate awarded a sum of Rs.12,000/- per month towards monetary relief for the education of Meghna Bhowmik, opposite party no.3 and daughter of the petitioner and opposite party no.2, whereby the learned Magistrate directed the present petitioner to pay consolidated sum of Rs.12,000/- per month to the opposite party/wife by 15th day of each English calendar month with the observation that such amount paid be adjustable with the maintenance, if any, paid by the present petitioner under any other statute or order of competent authority.

Thus, case under Section 12 of the P.W.D.V. Act, 2005 was fixed for summery trial and hearing on evidence on 10.01.2019.

But in the meantime, the present petitioner preferred an appeal being Criminal Appeal No.74 of 2019 which was preferred beyond the period of limitation.

Taking lenient view in the matter, the learned Appeal Court below admitted the appeal and transferred the said appeal to the Court of Additional Sessions Judge, FTC, 5th Court, Alipore for hearing and disposal of the same.

An order-sheet in Criminal Appeal No.74 of 2019 reveals that parties are yet taking steps in the case without effective hearing in the matter. It appears that the appellant being the present petitioner has been taking time in order to avoid payment and compliance of the order of the award passed by the learned Magistrate. Order-sheet as submitted in this record in respect of the appeal preferred by the petitioner reflects that no stay of the operation of the order passed by the Magistrate. Therefore, the opposite party no.2 wife has rightly maintained the proceeding being M. Execution Case no.26 of 2019 whereunder the warrant of arrest has been issued by order dated 21.11.2019. It appears that the Officer-in-Charge, Maheshtala police station has submitted a report with prayer for time for execution of the warrant of arrest issued against the respondent, the petitioner herein and accordingly, he was directed to take steps for execution of the warrant of arrest issued against the present petitioner positively by the next date on 05.12.2019.

At this stage, it is submitted at Bar that there is an arrear of sum of Rs.1,56,000/- in all as on this day payable to the opposite party/wife which has not yet been paid or deposited to the Executing Court.

Now by consent of the parties, at this stage, this revision application is disposed of by stay of the execution of warrant of arrest till the disposal of the criminal appeal being Appeal No.74 of 2019 pending before the learned Appeal Court below on condition that the petitioner will deposit a sum of Rs.50,000/- (Rupees fifty thousand only) within 10 days with the Executing Court in favour of the opposite party no.2/wife, which amount shall be disbursed by the learned Magistrate to the opposite party upon proper identification and against the proper receipt. Thereafter the petitioner shall clear the dues in arrear after the disposal of the appeal by the Appeal Court below.

Further I direct the Appeal Court below to dispose of the appeal within 2 months from the date of the communication of the order.

With the above direction, this revisional application being CRR 3614 of 2019 is disposed of.

Parties are at liberty to act on the website copy.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.