SUMITA GANGULY Vs. DEBASISH GANGULY

JUDGEMENT

(1.) In connection with a proceeding under Section 125 of the Code of Criminal Procedure, the husband/opposite party was directed to pay a sum of Rs. 1,000/- per month to each of the petitioner/wife and to her minor child as their monthly interim maintenance.

(2.) Simultaneously, in connection with a Matrimonial Suit instituted by the husband/opposite party under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, the Civil Court invoking Section 24 of the Hindu Marriage Act directed the husband/opposite party to pay a sum of Rs. 4,000/- per month to the wife/petitioner as her maintenance pendente lite and a sum of Rs. 2,000/- per month to her minor child as the cost of maintenance. Since the husband/opposite party had been in default in payment of maintenance pendente lite to the wife/opposite party as well as the cost of maintenance to her minor child for some months, accordingly the Civil Court took steps for enforcement of the said order, when the husband, i.e., the opposite party herein moved a civil revision before this Hon'ble Court, It may be noted in the meantime the husband/petitioner withdrew the said suit for restitution of conjugal rights. In the said civil revision it was vehemently urged by the husband/petitioner that the order of payment of arrear maintenance pendente lite and the cost of maintenance cannot be enforced since the original Matrimonial Suit in connection with which such order was passed is no more subsisting as the same was withdrawn. This Hon'ble High Court by its order dated December 11, 2008 disposed of the said civil revision observing that since by virtue of the order passed by the Civil Court in connection with the Matrimonial Suit, the husband/opposite party was directed payment of maintenance @ Rs. 4,000/- and Rs. 2,000/- per month respectively for the wife and the child, thus the husband need not pay any additional amount in terms of the order passed by the Criminal Court in connection with the proceeding under Section 125 of the Code of Criminal Procedure. In the said order this Court further directed the husband/opposite party to pay the entire arrear amount within one month from that day. 2. It is an admitted position that the husband/opposite party in terms of the aforesaid order of this Hon'ble High Court has already paid the entire arrear amount accumulated due to the non-payment of maintenance pendente lite to the wife/petitioner and the cost of maintenance to her minor child.

(3.) After making payment of arrear amount as aforesaid, on March 30, 2009, the husband/petitioner moved an application before the learned Court below where proceeding under Section 125 of the Code of Criminal Procedure was pending for appropriate order seeking exemption from payment of interim maintenance in terms of Criminal Court's order, since pursuant to the order of this Court passed in the aforesaid civil revision, he had already paid the entire arrear amount and no additional amount of maintenance in terms of Criminal Court's order is needed to be paid. The learned Additional Chief Judicial Magistrate, Serampore, Hooghly allowed the said application and the order of interim maintenance was recalled, hence this criminal revision.