JAYA MUKHERJEE Vs. SIDDHARTHA MUKHEREE

JUDGEMENT

(1.) Present petition under Art. 227 of the Constitution of India read with Sec. 482 Crimial P.C. has been preferred by the petitioner to challenge the legality and correctness of an order dated 15.02.2016 of learned Metropolitan Magistrate in Execution Petition Nos.102/2012, 16/2014, 44/2014 & 71/2015. Petition is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. During the course of arguments, it revealed that order dated 08.09.2008 was passed by learned Metropolitan Magistrate in a complaint case under Sec. 12 of Protection of Women from Domestic Violence Act instituted by the petitioner against the respondent. The respondent was directed to pay interim maintenance @ Rs. 10,000.00 per month to the petitioner from the date of filing of the petition. The amount of Rs. 10,000.00 per month included Rs. 2,500.00 per month to take care of her baby girl. The respondent did not comply with the order and various execution petitions were subsequently filed by the petitioner.

(3.) It appears that by an order dated 15.02.2016, the learned Executing Court came to the conclusion that the order dated 08.09.2008 was only towards grant of maintenance @ Rs. 10,000.00 per month from the date of institution of the case till the passing of the said order. Accordingly, the Executing Court declined to grant any maintenance to the petitioner beyond 08.09.2008.