RAMKRISHNA PANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against an order dtd. 31/1/2023 passed by the Learned Additional Principal Judge, Family Court, Calcutta in connection with Miscellaneous Case No. 67 of 2011 under Sec. 125 of Code of Criminal Procedure, 1973, thereby directing the Petitioner to pay maintenance to the tune of Rs.30,000.00 per month to the Opposite Party No.2 from the date of filing of this case within first 10 days of each succeeding month.

(2.) The parties were married, as per the petitioner in the year 1975 and as per the opposite party in the year 1972. The parties have been divorced (under challenge) since 1986. It is admitted that in a matrimonial proceeding, the opposite party no. 2 gets Rs.7,000.00 per month as maintenance from the petitioner. It is also admitted that in another proceeding, the divorced daughter aged about 46 years also get a monthly maintenance of Rs.15,000.00 from the petitioner. Thus a total sum of Rs.22,000.00 as maintenance is being paid by the petitioner in the proceedings other than the present proceeding.

(3.) The present proceeding before the Family Court being Misc. Case No. 67 of 2011 is a proceeding under Sec. 125 Cr.P.C. wherein the learned Judge of the Family Court finally disposed of the said case, granting a monthly maintenance of Rs.30,000.00 per month to the opposite party no. 2/wife by an order dtd. 31/1/2023 without taking into consideration the amount of maintenance already being received by the opposite party no. 2, from the petitioner in other proceedings (which is against the guidelines in (Rajnesh vs. Neha and Anr.) 2021 (2) SCC 324).