08.07.2026 Sl. No.05. D/L. Mithun. Ct.No.29. CRR/3230/2025 With IA No: CRAN 2 of 2026 Subhajit Das Vs. The State of West Bengal & Anr. Mr. Debayan Ghosh, Ms. Poulami Bose, Ms. Nurjahan Khatun …for the petitioner Mr. Dyutiman Banerjee, Mr. Rahul Chakraborty …for opposite party no.2 Mr. Imran Siddiqui …for the State The petitioner herein is aggrieved by a portion of the order dated 14.07.2025 by which the Court below has imposed cost of Rs.40,000/- to the respondent/husband for causing excessive delay in filing the appeal and directed to pay the same within 15 days. Being aggrieved by the aforesaid order, learned Counsel for the petitioner submits by filing his pay slip for the month of May, 2026 that his net pay for the said month is Rs.11,689/- which is his earning as a Home Guard and, therefore, the impugned order of cost is excessive and he is not in a position to pay the said amount. The background of the instant case is that the opposite party no.2 herein filed an application under Section 12 of the Domestic Violence Act in the year 2018 which was registered as A.C. Case No.2670 of 2018. An ex-parte order was passed in favour of the opposite party no.2 herein on 14.09.2018 by which the Trial Court has directed to pay Rs.4,000/- per month each to the wife and the minor child. Thereafter on 11th October, 2 2018 petitioner filed an application for vacating the ex-parte order and learned Trial Court thereafter hearing the parties passed an interim order directing payment of Rs.3,000/- per month each to the wife and minor child. Thereafter, learned Judicial Magistrate, 5th Court, Alipore by an order dated 1st December, 2023 passed an ex-parte final order under Section 12 of the Domestic Violence Act directing payment of Rs.4,000/- per month each to the wife and minor child from the date of filing of the application. Said order was assailed before learned Additional District & Sessions Judge, 7th Fast Track Court, Alipore and the Court below by the impugned order directed the petitioner to pay all the arrear interim monetary relief as per order dated 18.12.2019 within a month from the order. Along with the said order, the petitioner was further directed to pay cost of Rs.40,000/- for preferring the appeal after a long period of passing of the judgment by the Trial Court. Having considered the facts and circumstances of the case and also considering submissions made on behalf of the petitioner and the opposite party, the instant application being CRR 3230 of 2025 is hereby disposed of with a direction that the petitioner shall pay cost of Rs.20,000/- instead of Rs.40,000/- within a period of 45 days from the date of this order to the opposite party. The petitioner shall also go on paying interim monthly monetary relief amounting to Rs.3,000/- to the wife and Rs.3,000/- to the minor child till further order or till disposal of the application filed under Section 12 of the Domestic Violence Act, whichever is earlier. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. ) 3