Calcutta High Court (Appellete Side)
CRR-2157-2008 on 28 June, 2016
Author: R. K. Bag
Bench: R. K. Bag
1 6.2016.
p.b.
CRR 2157 of 2008 Mr. Somopriya Chowdhury.
....for the petitioner.
Mr. Abhijit Adya.
.....for the O.P. The petitioner has challenged the judgment and order dated May 30, 2008 passed by learned Chief Judicial Magistrate, Howrah in Misc. Case No.375 of 2005, by which learned Magistrate directed the petitioner husband to pay maintenance to the opposite party wife @ Rs.3,000/- per month for the wife and Rs.5,000/- per month for the minor son of the opposite party wife w.e.f. October 5, 2005.
Mr. Chowdhury, learned counsel for the petitioner husband submits that the petitioner started divorce proceeding against the opposite party wife in the year 2011 and in the said divorce proceeding, the petitioner is paying alimony pendente lite in favour of the wife @ Rs.8,000/- per month and the said amount of maintenance needs to be adjusted with the maintenance to be given to the wife in connection with an application under Section 125 of the Code of Criminal Procedure. On the other hand, Mr. Adya, learned counsel for the opposite party wife submits that he has not received arrears of maintenance to the tune of Rs.2,30,000/- from the petitioner husband. However, he submits that he has no 2 objection if the amount of alimony paid by the husband to the wife is adjusted with the amount of maintenance to be paid in connection with this case.
Having heard the learned counsel representing the respective parties, I am of the view that alimony pendente lite, if any, paid by the petitioner husband to the opposite party wife must be adjusted with the amount of maintenance to be paid by the petitioner husband to the opposite party wife in connection with this case. Accordingly, the judgment and order passed by learned Chief Judicial Magistrate, Howrah in Misc. Case No.375 of 2005 is modified to the extent that the amount of alimony pendente lite paid by the petitioner husband to the opposite party wife in connection with the matrimonial proceeding will be adjusted with the amount of maintenance to be paid to the opposite party wife by the petitioner husband in compliance with the direction given by the learned Chief Judicial Magistrate on May 30, 2008. The remaining portion of the order passed by learned Chief Judicial Magistrate in Misc. Case No.375 of 2005 is hereby affirmed.
The criminal revision is, thus, disposed of.
(R. K. Bag, J.)