Calcutta High Court (Appellete Side)
‐ vs ‐ on 12 February, 2020
Author: Shivakant Prasad
Bench: Shivakant Prasad
1 12.02.2020
Ct. 35 Sl.3 KS CRR 491 of 2020 Sanat Ishwar Parmar & Anr.
‐Vs.‐ State of West Bengal & Anr.
Mr. Sabyasachi Banerjee Mr. Anirban Dutta Mr. S. Sinha .....For the Petitioners In this revisional application the husband‐petitioner has prayed for modification, alteration, setting aside of the order dted 23.12.2019 passed in Criminal Appeal No.272 of 2019 arising out of an order dated 19th November, 2019 passed by the learned Metropolitan Magistrate, 4th court in Miscellaneous Case No.75 of 2019 and its order dated 23.12.2019 whereby the operation of the order dated 19.12.2019 passed by the learned Magistrate was stayed subject to payment of Rs.50,000/‐ to the opposite party no.1 herein as interim maintenance from the date of its order.
It is submitted by Mr. Sabyasachi Banerjee, learned advocate appearing for the petitioner that petitioner had challenged the jurisdiction of the Court before the Magistrate but the Magistrate entertained the application without jurisdiction and granted interim maintenance of Rs.80,000/‐ per month. The said order has been appealed against and the learned Appellate Court while staying the operation of the said order passed by the learned Magistrate, provided a condition that the petitioner husband would go on paying Rs.50,000/‐ instead of Rs.80,000/‐ and the issue of jurisdiction was kept in abeyance for its decision at the time of hearing of the appeal.
2Let a copy of this application be served upon the opposite parties with all annexures by speed post within a period of two weeks from date and also file affidavit of service to such effect on the next date of hearing.
Let the matter be listed two weeks hence under the same heading.
(Shivakant Prasad, J.)