28.08.2026 Serial no.35 Aloke Ct. No. 30 CRR 39 of 2024 Sandipan Mukherjee vs. Sneha Roy Mr. Sekhar Kr. Basu, ld. Sr. Adv. Mr. Kusal Kr. Mukherjee Mr. Diptangshu Basu … for the petitioner Mr. Avik Ghatak Mr. Abhinav Rakshit … for the opposite party 1. The revisional application has been preferred praying for quashing of the impugned judgment and order dated 07.12.2023 passed by the learned 4th Additional Sessions Judge, South 24 Parganas, Alipore in connection with Criminal Appeal No. 206/2023 arising out of A.C. Case No. 1492/2022, thereby affirming the impugned order dated 29.07.2022, passed by the learned Judicial Magistrate, 9th Court at Alipore, South 24 Parganas. 2. Vide the impugned order, the learned appellate Court being the 4th Additional Sessions Judge, South 24 Parganas, Alipore has been pleased to affirm the order dated 29.07.2022, passed in case no. AC-1492 of 2022, passed by the learned Judicial Magistrate, 9th Court, Alipore, South 24 Parganas. 3. The learned Magistrate directed as follows : “ ORDERED the instant application be and the same u/s 23(2) of the PWDV Act is hereby allowed in part in the form of exparte ad interim relief. Respondent husband directed to make a 2 payment of Rs.1,25,000/- per month to the petitioner; within 10th day of each Gregorian calendar month for which it falls due. In default, petitioner is at liberty to execute the order at once. Let a free certified copy of this order provided to the petitioner. Fix 15.11.22 for appearance of the respondents and hearing u/s23(1) of the PWDV Act. Petitioner is directed to serve notice along with a copy of this order upon the respondents.” 4. Admittedly, the wife/opposite party herein is a dentist by profession. The parties have no children. The parties were married in 2018 and the wife/opposite party registered a case under Section 498/406/34 IPC subsequently in the year 2019. 5. It further appears from the order dated 29.07.2022 that the said order of interim maintenance was passed ex parte. Admittedly, the husband/petitioner herein did not have the opportunity to contest the matter. 6. Considering the said facts and also the guidelines of the Hon’ble Supreme Court as laid down in Rajnesh vs. Neha (in Criminal Appeal No. 730 of 2020 dated 4th November, 2020) reported in (2021) 2 SCC 324, this Court considering the materials on record modifies the quantum of maintenance as granted by the order dated 29.07.2022, to Rs.50,000/- per month. The said amount shall be paid each month by the petitioner 3 herein till disposal of the case before the learned Magistrate on merit and on considering the affidavit-of- assets and liabilities to be filed by both the parties before it. 7. It is made clear that the quantum as modified by this Court shall be effective till the disposal of the case before the trial Court and the trial Court while disposing of the case finally, shall be at liberty to arrive at its own decision as to the quantum of maintenance on the basis of the affidavit-of-assets and liabilities without being influenced by the amount granted by this Court. 8. The revisional application stands disposed of. 9. Connected application, if any, stands disposed of. 10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Shampa Dutt (Paul), J.)