1 10.07.2026 Item No.6 Ct. No. 34 nb CRR 4131 of 2024 With IA No. CRAN 7 of 2026 + CRAN 8 of 2026 In the matter of: Lt. Col. Arijit Bhattacharjee ...… Petitioner. Mr. Debajyoti Deb, Mr. S. Pathak, Mr. S. Parekh, Ms. Indrani Roy, Mr. H. K. Jha, …. For the Petitioner. Mr. Ranojoy Chatterjee, Mr. Swarnajit Das, .…For the Opposite Party. 1. The instant revisional application has been filed against the order dated August 17, 2024 passed by the learned Judicial Magistrate, 4th Court at Barackpore, North 24 Parganas in M.Ex Case No.500 of 2023 under Section 125 of the Code of Criminal Procedure, 1973. 2. The instant case emerges out of a proceeding initiated under Section 125 of the Code of Criminal Procedure by the opposite party and was not entertained and dismissed by the learned Court which travelled up to this Court by filing a criminal revisional application challenging such order. The matter was taken up by the learned Co-ordinate Bench on July 18, 2022 in presence of both the learned counsels. With the consent of the parties and by way of settlement direction was given to pay the maintenance amount of Rs.40,000/- per month for their two minor children as well as to make payment of actual academic expenses of their minor children on production of receipts of such claim. 3. According to the Learned Advocate of the petitioner/husband he was fully complying with such order with effect from July 18, 2022 till June 4, 2024 but the Money Execution case was filed as the dispute arose regarding the expenses claimed towards swimming charges, conveyance charges, Stationary items, school shoes as well as private tuition fees. The learned Executing Court on 08.04.2024 while hearing the petition observed that there are certain expenses like conveyance expenses and private tuition fees for which generally there might not be any receipts and directed the wife to file attested receipts for the same supported by an affidavit. Furthermore, she was directed to produce the original receipt of actual academic expenses to the present petitioner being the father of the children. Thereafter that on August 17, 2024, passed an order with the observation that the academic expenses can be defined to include expenses incurred for tuition fees, uniform, books, stationary however the claim made regarding the swimming expenses and conveyance expenses cannot be considered. Accordingly directed to pay the maintenance amount of Rs.40, 000/- per month for the minor children including the expenses towards tuition fees after considering the said attested receipts supported with an affidavit. The order was given effect from the date of passing of the order passed in CRR 238 of 2021 i.e. on 18.07.2022. The learned 2 Executing Court held accepting the tuition fees of 16 months paid every month since July 2022 for both children and the present petitioner was directed to calculate the payment of tuition fees paid for 24 months and allowed the bill no.112 dated 23.4.2024 and bill no.106 dated 25.4.2024 of Rs.1344 and Rs.1449 respectively. The other bills provided by the petitioner was rejected as most of the photocopies did not bear the name, seal or stamp of the purchaser. 4. Learned counsel representing the petitioner submits before this Court that the amount was calculated as per the settlement arrived at before the learned Co-ordinate Bench on 18.7.2022 where it was very clearly mentioned that Rs.40,000/- was to be paid as maintenance two minor children for academic expenses incurred for them. Furthermore, the payment of such maintenance was allowed to be paid within 7th each succeeding month from the order and the opposite party/the petitioner herein was further directed to bear academic expenses to the minor children provided the wife send actual academic expenses incurred by her for the two children against proper receipt .The husband has challenged the order of executing court whereby the incorrect calculation was made and he was directed to pay private tuition fees when the receipts were disputed . 5. After hearing both the learned Advocates and the rival contentions, it is evidently clear that the dispute arose, when the claim was expanded to the extra curricular activities and the private tuition fees and the mother 3 failed to produce the actual receipts. . Since the maintenance amount was arrived on the basis of settlement made between the parties before the Learned Co-ordinate Bench there is no occasion to test the veracity of the documents or the receipts annexed regarding the private tuition which was challenged by the present petitioner having no seal or signature on it. 6. It goes without saying that the learned Executing Court exceeded his jurisdiction to allow the amount of Rs.11,000/- on the basis of some of the receipts only on the basis of the Affidavit when no evidence was adduced to prove those documents by any of the parties and was not accepted by the father .In fact the Learned Executing court had no scope to examine the documents produced before the court . 7. On a close scrutiny of the order passed by the Co-ordinate Bench and the terms and conditions that was arrived at, this Court is also convinced to the fact that it was specifically agreed that the petitioner’s/husband will pay in addition to Rs.40,000/- towards maintenance the actual academic expenses against which proper receipts are being produced. The actual school fees were never challenged by the petitioner. It is also a fact that in usual course it is really difficult to procure the receipts from the private tutor and as of now the entire amount of maintenances is rests upon the settlement arrived before the court by the parties. 8. It goes without saying that the husband has discharged his liabilities since he has made voluntary payment regarding the school shoes as well as 4 the expenses of books, which were purchased against appropriate receipts and has already paid the amount of Rs.1, 50,000/- till June, 2024 towards school fees which is admitted by the Learned Advocate representing the opposite party and hence the dispute pertains only regarding the private tuition expenses. The opposite party has not challenged the order of the Learned Executing court whereby her claim towards swimming charges and conveyance charges were refused. 9. This court cannot shut its eyes over the fact that the amount of Rs 40,000/- was paid towards the maintenance of the children and in addition to that the father agreed to bear the actual education expenses .Despite that the mother claimed the conveyance charges as well as the swimming charges from the father along with the private tuition fees . 10. In order to resolve the dispute, this Court is of the view after considering the entire facts and circumstances of the case that the purpose would be sub-served if the petitioner/father if directed to pay an amount of Rs.6,000/-(Rs. 3000 each for two children) towards private tuition in order to avoid future complications towards expenses for giving private tuition with effect from the date of passing this order and accordingly both the Learned Advocates agreed to the same. 11. This order is passed on consent of both the parties and hence it is expected that no further claim, in this regard, will come out after this settlement is arrived at by and between the parties. 5 12. It is, however, made clear that the petitioner /father will continue to pay the maintenance amount as directed and the actual education expenses to be incurred in future as well as for the books if any to be purchased for the purpose of the studies of the children only upon production of appropriate receipts from a recognized book shop . In addition he will bear the expenses towards the school shoes once or twice in a year as usually required for school going children subject to production of the actual receipts. 13. The parents must not forget that the responsibility to maintain the children lies upon the parents equally and the welfare of the children should be the paramount consideration. 14. In view of the above observation, this revisional application stands disposed of with the modification of the order passed by the Learned Executing Court. 15. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (CHAITALI CHATTERJEE (DAS), J.) 6