SNIGDHA MUKHERJEE Vs. MR. KALYAN MUKHERJEE

JUDGEMENT

(1.) The instant revision case is directed against the judgment and order dtd. 29/9/2020 passed by the Ld. Additional Sessions Judge Baruipur, South 24 parganas in Criminal Appeal No.8 of 2016. By dint of the same learned Trial Court has modified the order dtd. 24/10/2016 passed by the Ld. Judicial Magistrate, 1st class, Baruipur, South 24 Parganas in M.P Case No.21 of 2012 and T.R Case No. 208 of 2012 to the effect that in place and stead of paying a sum of Rs.10,000.00 as maintenance per month along with a further sum of Rs.10,000.00 p.m. as medical expenditure, the present opposite party would only require to pay the maintenance amount as directed and not the monthly medical expenditure.

(2.) Bereft of any unnecessary details the factual background necessary to be dealt with in this revision may be narrated that the petitioner is the wife of opposite party and they were married on 10/7/1985. Their marriage was registered as per provisions of Special Marriage Act, 1954. However the parties could not lead a peaceful conjugal life and the petitioner filed in the Trial Court her application/case under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005, being registered as M.P Case No.21 of 2012. The said M.P Case No.21 of 2012 ended in the judgment by the learned Magistrate dtd. 24/10/2016, by dint of which the opposite party/husband was directed to pay a sum of Rs.10, 000.00 per month to the petitioner towards her maintenance and also a further sum of Rs.10, 000.00 per month for medical expenditure of the petitioner who has been suffering with the terminal decease like cancer.

(3.) The present opposite party was aggrieved by such judgment and order dtd. 24/10/2016 of the Magistrate and challenged the same in an appeal in the court of Addition District and Sessions Judge, Baruipur, South 24 Paraganas being Criminal Appeal No.8 of 2016.