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2026 DAILYLAW 34853 (CAL)

RAJ KUMAR v. THE STATE AND OTHERS

CRR/42/2026 · 2026-08-24

Biswaroop Chowdhury

body2026

Judgment text

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1 IN THE HIGH COURT AT CALCUTTA [CIRCUIT BENCH AT PORT BLAIR] *** CRR/42/2026 Raj Kumar Vs The State and others Mr. N.A.Khan … for the petitioner Ms. R. Krithika … for the opposite parties Nos.2-6 August 24, 2026 [AKB] Item No.1 1. Learned advocate for the petitioner and learned advocate for the opposite parties are present. 2. Heard the learned advocates for the parties. 3. Learned advocate for the petitioner submits that the learned Judge Family Court, Andaman and Nicobar Islands at Port Blair erred in awarding the maintenance of Rs. 12,000/- per month as well as arrear maintenance of Rs. 1,44,000/- to be paid in ten installments. 4. Learned advocate for the petitioner further submits that the learned Judge awarded maintenance which is excessive. It is also submitted by the learned advocate that without considering the affidavit of assets, ad interim order of maintenance is passed. 5. Learned advocate appearing for the opposite parties disputes the submission of learned advocate for the petitioner. 6. Upon considering the facts of the case and upon hearing the learned advocates this Court is of the view that at this stage there should not be any interference on the current 2 maintenance awarded by the learned Judge, Family Court as the matter is pending. 7. Thus, current maintenance is to be paid by the petitioner in terms of the direction passed by the learned Judge, Family Court, Andaman and Nicobar Islands in Misc. Case No. 56 of 2025. However, with regard to the arrear maintenance as the opposite parties had to incur legal expenditure as well as their maintenance cost at this stage the petitioner shall pay Rs. 20,000/- to the opposite parties within three months. 8. As the learned Judge has not disposed of the maintenance case but the same is to be decided on contest upon filing the affidavit of assets, current maintenance shall be paid by the petitioner-husband to the opposite parties on the date fixed by the learned Trial Court and the arrear maintenance of Rs. 20,000/- within a period of three months. 9. Thus, this revisional application being CRR/42/2026 stands disposed of. The order dated 01.07.2026 passed in Misc. Case No. 56 of 2025 by the learned Judge, Family Court, Andaman and Nicobar Islands at Port Blair stands modified to the extent that the petitioner-husband shall go on paying current maintenance of Rs. 12,000/- per month within the date fixed by the learned Trial Court and the arrear maintenance of Rs. 20,000/- within a period of three months. (Biswaroop Chowdhury, J.)