CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 07.07.2026 Ct No.5 Item No.64 S.K. CRR 335 of 2025 Arnab Dhar Choudhury @ Sarkar Vs ArnabSarkar & Anr. Mr. Arnab Saha Md. Shoaib Akhtar …for the petitioner Mr. Sourav Ganguly Mr. Gopal Roy Ms. Rishita Charkraborty …for the private opposite party. 1. Affidavit of service filed by the petitioner in Court today is taken on record. 2. In this revision the petitioner has challenged an order dated 3.4.2025 by the Additional Sessions Judge, 2nd Court at Alipurduar in Criminal Appeal No. 3 of 2025 directing therein for payment of interim relief under the provisions of the PWDV Act to the petitioner/wife @ Rs. 6,000/- per month, instead of Rs. 10,000/- per month, as was granted by the learned Magistrate in a proceeding under Section 24 of the said Act. 3. Mr. Saha, learned advocate is appearing for the petitioner through virtual mode. His contention is that the said interim order is without jurisdiction insofar as the Additional Sessions Judge, 2nd Court at Alipurduar has passed the same without considering and disposing of the application filed 2 before the same by the present opposite party/husband under Section 5 of the Limitation Act, praying for condonation of delay in filing the appeal. 4. According to him without condoning the delay in filing the appeal as stated by the appellant/husband himself, the Court could not have dealt with the issues touching merits of the case. 5. Accordingly, Mr. Saha for the petitioner has sought for setting aside the order impugned dated 3.4.2025. 6. Mr. Ganguly, learned advocate appears for the opposite party no. 1. He has pointed out to an order of the District & Sessions Judge, Alipurduar in the same case dated 9.1.2025 to submit that the Court has found the appeal “in order” and admitted the same. 7. Therefore, according to the opposite party no. 1 there is no delay as alleged by the petitioner while filing the appeal before the learned Sessions Judge. 8. Mr. Ganguly has further submitted that without challenging the said order of the learned Sessions Judge, Alipurduar dated 9.1.2025, the present petitioner could not have come before the court challenging legality and propriety of the order dated 3.4.2025 of the Additional Sessions Judge, 2nd Court at Alipurduar. 9. It appears that initially in C.R.Case No. 174 of 2023, the learned Judicial Magistrate, 2nd Court at Alipurduar granted an order to the tune of Rs. 10,000/- per month in favour of 3 the present petitioner/wife under provisions of the PWDV Act as interim relief. 10. An appeal was filed by present opposite party/husband challenging the same. The husband filed an application under Section 5 of the Limitation Act along with the said appeal seeking condonation of delay. However, the Court’s report was otherwise and on the basis of the same, the learned District & Sessions Judge at Alipurduar passed the order dated 9.1.2025 to find the appeal “in order”. 11. Later on the matter was taken on 3.4.2025 and the impugned order was passed by the learned Additional Sessions Judge, 2nd Court at Alipurduar. 12. The question in the present revision is limited as to whether the impugned order is without jurisdiction, due to the fact that the petition filed by the husband under Section 5 of the Limitation Act along with the appeal has yet to be considered by the court. 13. It appears that in spite of mentioning about the appeal to be in order, the learned trial court has not mentioned in his order about how he has dealt with in specific terms the application filed by the appellant before the same under section 5 of the Limitation Act. 14. In such circumstances, let the matter be remanded back to the learned Additional Sessions Judge, 2nd Court at Alipurduar, to consider after granting an opportunity of filing of written objection to the present petitioner/wife, as to the 4 petition under Section 5 of the Limitation Act of the present opposite party no. 1/husband. In considering the above, the court should take into account its earlier order dated 1.9.2023 and also to the record of his office in this regard, if any. 15. Let it further be directed that the learned Additional Sessions Judge, 2nd Court at Alipurduar shall make all endeavour to positively come to a final decision in the Appeal No. 3 of 2025 within a period of three months from the date of communication of copy of this order. 16. The revisional application is disposed of with the directions as above. (Rai Chattopadhyay, J.)