29 03-03-2025 Ct. No.34 b.das CRR No. 3174 of 2024 In the matter of : Santanu Banerjee ….. petitioner. Mr. Shibaji Kr. Das Mr. Dipendu Sarkar …for the petitioner. Mr. P. K. Nandi Ms. Subhra De Ms. Durga Chowdhury …for the opposite party. Heard learned counsels for the parties. The petitioner who is the husband of the opposite party is aggrieved by the judgment dated 28th June, 2024 delivered by the learned Additional Principal Judge, Family Court, Calcutta in connection with Misc. Case No.43 of 2021 granting maintenance to the opposite party to the tune of Rs.15,000/- per month from the date of filing of the application in addition to Rs.10,000/- as litigation cost. Learned counsel for the petitioner takes this Court to the application filed by the opposite party under Section 125 of the Code of Criminal Procedure wherein the opposite party sought maintenance to the tune of Rs.10,000/- per month and also interim maintenance for the same amount. In her affidavit of assets and liabilities submitted before the learned trial Court the opposite party stated that her expenses are Rs.10,000/- per month. 2 Also, in the evidence adduced by her before the learned trial Court she has stated that she sought maintenance from her husband to the tune of Rs.10,000/- per month. Despite such submission made by the opposite party, the learned trial Court chose to grant maintenance of Rs.15,000/- per month without assigning any reason therefor. Learned counsel submits, on instruction, that the petitioner is ready and willing to pay Rs.10.000/- per month as claimed by the opposite party along with arrears due. Learned counsel for the opposite party candidly submits that the opposite party sought maintenance to the tune of Rs.10,000/- and the same may be granted in her favour along with the arrear maintenance due. Upon consideration of the submission made on behalf of the parties as well as material on record, this Court is of the view that since the opposite party sought maintenance to the tune of Rs.10,000/- per month from the petitioner in the application filed by her under Section 125 of the Code of Criminal Procedure as well as in the evidence led by her before the learned trial Court and also, since she has stated in her affidavit of assets and liabilities that her monthly expenses are to the tune of Rs.10,000/-, the opposite party is entitled to maintenance to the tune of Rs.10,000/- per month from the petitioner from the date 3 of filing of the application under Section 125 of the Code along with Rs.10,000/- as litigation cost. Accordingly, the revisional application being CRR 3174 of 2024 is allowed. The judgment impugned dated 28th June, 2024 delivered by the learned Additional Principal Judge, Family Court, Calcutta in connection with Misc. Case No.43 of 2021 is modified to the extent that the petitioner shall pay Rs.10,000/- as litigation cost to the opposite party. He shall also pay maintenance to the opposite party to the tune of Rs.10,000/- per month from the date of filing of the application, the amount for each month being payable within the 7th day of the month. The petitioner is further directed to liquidate the arrear maintenance within six months from date, failing which the opposite party shall be at liberty to execute the order in accordance with law. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. ( Suvra Ghosh, J. )