29.04.2025 SL No.16 Court No.22 S.Gayen IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 511 of 2024 Ranjan Chakraborty Versus Rekha Chakraborty Mr. Santanu Takukdar Mr. Sayak Chakraborti …for the Petitioner Mr. Anirban Das …for the Respondent 1. This revisional application has been filed assailing the order dated 18th November, 2023 in connection with Misc. Case No. 162 of 2023, whereby learned Judicial Magistrate, Asansol allowed the interim maintenance directing the opposite party/ petitioner herein to pay a sum of Rs. 10,000/- per month to his wife/opposite party herein and Rs. 20,000/- per month for his minor daughter along with litigations costs of Rs. 10,000/-. The husband/petitioner herein also directed to make payment within 7 days of each succeeding month till the disposal of the Misc. Case. 2. Learned counsel appearing on behalf of the petitioner has drawn my attention to the order and finding of the Court regarding prayer for interrogatories seeking disclosure of documents by the petitioner/wife at the time of interim hearing. 3. Learned counsel appearing on behalf of the petitioner has relied upon a decision of Rajnesh vs. Neha & Anr. reported in (2021) 2 2 SCC 324 and submitted that even learned Magistrate could have invoked the provision of Order 10 and 11 of the Code of Civil Procedure directing either of the parties to produce the relevant documents in reply to interrogatories. 4. Learned counsel appearing on behalf of the petitioner has further submitted that the petitioner also sought for permission of the learned Magistrate to serve interrogatories seeking production of relevant documents. 5. In course of argument, learned counsel appearing on behalf of the petitioner has drawn the attention of this Court to the interrogatories sought for at the instance of the petitioner. 6. Per contra, learned counsel appearing for the wife/opposite party has submitted that the husband/petitioner herein is a software engineer drawing salary more than one (1) lakh but he is not complying the order of Court regarding payment of interim maintenance and also not paying accumulated arrears to the tune of Rs. 6,40,000/-. 7. It is also submitted that the affidavit of assets and liabilities has already been filed by the petitioner at the time of hearing. 8. With regard to the interrogatories, it is sine qua non that there must be a dispute with respect to the declaration made in the affidavit on behalf of the party. Here, in this case admittedly the wife/opposite party herein filed affidavit of assets and from the interrogatories nothing specific is found regarding the facts disclosed in the affidavit filed on behalf of the wife/opposite party herein. 3 9. However, the impugned order was passed directing interim maintenance pending the application under Section 125 CrPC where all the issues of interrogatories and disclosure of documents may be taken up for consideration. 10. Therefore, parties are allowed to disclose their documents qua respective interrogatories, if there be any, at the time of final hearing of the application under Section 125 CrPC. 11. Considering the admitted amount of salary of the husband/petitioner herein, I do not find any reason to interfere with the order passed by the learned Judicial Magistrate, 5th Court, Asansol directing the husband/petitioner to pay interim maintenance to his wife as well as daughter. 12. In view of the matter, the revisional application stands dismissed with a direction upon the husband/petitioner to pay all the arrears of interim maintenance within six months along with monthly interim maintenance of Rs. 30,000/- in all to the wife and daughter within 7th day of each succeeding months as already ordered by the learned Magistrate. 13. Interim order, if any, stands vacated and connected applications, if any, also stand disposed of accordingly. 14. The learned Magistrate is requested to dispose of the Misc. Case No. 162 of 2023 as expeditiously as possible without giving any unnecessary adjournment to either of the parties. 15. The learned advocates appearing on behalf of the parties are directed to intimate the order to the learned Magistrate. 16. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 4 17. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all requisite formalities. (Bibhas Ranjan De, J.)