SOMNATH CHAKRABORTY Vs. RINKI CHAKRABORTY

JUDGEMENT

(1.) This is an application challenging the judgment and order dated 02.04.2018 passed by the Learned Additional Sessions Judge, Bench-II, City Sessions Court, Bichar Bhawan, Calcutta in Crl. Appeal Case No. 86 of 2017, thereby affirming the order dated 21.04.2017 passed by the Learned Metropolitan Magistrate, 20th Court, Calcutta in Misc Execution Case No. 2 of 2015 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Act of 2005, for short).

(2.) The Learned Advocate appearing on behalf of the husband/petitioner submits that in a proceeding under Section 125 of the Code of Criminal Procedure initiated by the wife, the Learned Magistrate was pleased to grant Rs. 3000/- as monthly maintenance allowance to the wife. He submits that by an order under Section 24 of the Hindu Marriage Act, she was granted Rs. 4000/- per month as maintenance pendente lite. He further submits that by an order under Section 12 of the Act of 2005, she was granted Rs. 1500/- as monetary relief and Rs. 3000/- as expenses for residence.

(3.) The Learned Advocate of the petitioner submits that in the meantime on 106.2016, this Hon'ble Court was pleased to pass an order in C.O. No. 3602 of 2015, thereby, inter alia, affirming an order of the Learned Civil Court granting Rs. 4000/- per month as maintenance pendente lite and a litigation cost of Rs. 10,000/- and directing that the "Learned Trial Court will consider the highest amount awarded in these three cases".