SILPI MALLICK Vs. SUVENDU MALLICK

JUDGEMENT

(1.) Being aggrieved with the order dtd. 13/9/2018 passed by the learned Additional District and Sessions Judge, 1st Court, Serampore, Hooghly, in Criminal Motion No. 209 of 2017, directing the opposite party to pay interim maintenance to the tune of Rs.8000.00 per month to the petitioner thereby modifying the order dtd. 27/7/2017 passed by the Learned Additional Chief Judicial Magistrate, Serampore, Hooghly in connection with Miscellaneous Case No. 113/2015 under Sec. 125 of the Code of Criminal Procedure inter alia directing the opposite to pay Rs.12000.00 per month towards the interim maintenance of the petitioner.

(2.) Petitioner's contention is that petitioner was married with the opposite party and their marriage was solemnized in the year 2013 according to Hindu rites and customs. Subsequently the relationship became strained and various litigations are cropped up in between the parties.

(3.) Pursuant to the lodging of Serampore P.S. Case No. 51/2015 dtd. 27/1/2015 under sec. 498 A of the I.P.C., the opposite party herein moved an application for anticipatory bail before the Hon'ble High Court Calcutta, and at the time of disposal of the said application opposite party herein, had offered to pay Rs.10,000.00 per month to the petitioner towards her maintenance. Furthermore petitioner filed Misc. Case No. 29/2015 under the provisions of Protection of Woman from Domestic Violation Act, 2005, wherein the opposite party is also directed to pay Rs.10,000.00 per month under sec. 23 of the said Act by the Learned Additional District and Sessions Judge, First Court Serampore, Hooghly vide order dtd. 25/7/2016.