Calcutta High Court (Appellete Side)
Sri Amresh Singh Kharwar @ Guddu vs State Of West Bengal And Anr on 22 September, 2022
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
22.09.2022 Item No.15 Suman Ct.42 CRR 3248 of 2022 Sri Amresh Singh Kharwar @ Guddu Vs. State of West Bengal and Anr.
Mr. Arun Maity Mr. Manabendranath Bandyopadhyay Mr. S. Sadhukhan ...for the petitioner Opposite party No.2 is the wife of the petitioner. On or about 18th August, 2015 the opposite party No.2 filed an application under Section 12 of the Protection of Women from Domestic Violence Act before the learned Judicial Magistrate, 7th Court at Howrah praying for monetary as well as other reliefs. The prayer was also made for interim relief under Section 23 of the said Act. The said proceeding was registered as Misc. Case No.577 of 2015. In the said proceeding the learned Magistrate passed an order of interim monetary relief on 7th February, 2018 directing the present petitioner /husband to pay monetary relief at the rate of Rs.7,000/- for the opposite party No.2 and Rs.3,000/- for their minor child total being Rs.10,000/- per month. The husband /petitioner challenged the said order passed under Section 23 of the said Act by filing 2 Criminal Appeal No.39 of 2018 under Section 29 of the said Act. The said appeal was dismissed on contest by a judgment dated 13th December, 2018. In the meantime, marital tie between the petitioner and the opposite party No.2 was dissolved by a decree of dissolution of marriage in Mat. Suit No.920 of 2015 vide judgment and decree dated 7th December, 2019. The opposite party No.2 filed a complaint under Section 498A/406/34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act before the jurisdictional police over which ACGR Case No.4211 of 2015 was registered. The said criminal case was disposed of on 14th June, 2022 recording an order of acquittal in favour of the petitioner and other accused persons.
It is the grievance of the petitioner, that though marriage of the petitioner with the opposite party No.2 was dissolved by a decree of divorce and the opposite party No.2 has already married for the 2nd time, she has been continuing Execution Case No.98 of 2019 to realize arrear monetary relief against the petitioner. At the same time, the opposite party No.2 has been going on taking adjournments in Misc Case No.577 of 2015.
Under such factual background, the petitioner has challenged legality, validity of the order dated 3rd February, 2022 passed by the learned Judicial Magistrate, 7th Court at Howrah in Misc Execution Case 3 No.98 of 2019 directing issuance of warrant of arrest against the petitioner and subsequently order dated 11th August, 2022 directing the Police Authority to execute the warrant of arrest against the petitioner.
The instant revision be admitted for hearing. The petitioner is directed to issue notice upon the opposite party No.2 under registered speed post with AD and file affidavit-of-service within three weeks after vacation.
In the mean time, the impugned orders dated 3rd February, 2022 and 11th August, 2022 be stayed till 31st December, 2022 subject to depositing a sum of Rs.80,000/- in the executing court by the petitioner within 30th September, 2022 in the name of the opposite party No.2, without prejudice.
(Bibek Chaudhuri, J.)