15.09.2026 Sl. No.16. D/L. Mithun. Ct.No.29. CRR/3810/2026 Md. Abdus Sayeed Vs. State of West Bengal & Anr. Mr. Kamalesh Jha, Md. Raihan Islam …for the petitioner Mr. Imran Siddiqui …for the State In this application, the petitioner has assailed the order dated 22.05.2025 passed in Criminal Appeal No.53 of 2024 by which the Appellate Court has granted stay till next date on condition that the petitioner/appellant shall go on paying Rs.5,000/- per month to the respondent/opposite party no.1 since the date of filing of the application as ordered by the Trial Court. Learned Counsel for the petitioner submits that the opposite party/wife earlier initiated a proceeding under Section 125 Cr.P.C. and by an order dated 18.07.2024 directed the petitioner to pay a sum of Rs.5,000/- per month towards interim maintenance within 10th day of each succeeding month. The petitioner is agreeable to pay the said amount. The petitioner being a pensioner gets pension of Rs.12,070/- per month and he was paying the same in terms of the order. Thereafter, the opposite party/wife preferred another application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 wherein she again made a prayer 2 under Section 23(2) of the PWDV Act for granting interim monetary relief and the concerned Magistrate by an order dated 2nd August, 2024 directed the petitioner to pay a sum of Rs.10,000/- per month towards interim monetary relief excluding the period from 06.11.2019 to 02.03.2024 when ex parte interim order was in force. The petitioner assailed the said order dated 02.08.2024 before the Appellate Court in the aforesaid appeal being Criminal Appeal No.53 of 2024 and the Appellate Court while admitting the appeal vide order dated 22.05.2025 was pleased to grant stay in respect of the impugned order dated 02.08.2024 on condition that the petitioner shall go on paying monthly maintenance of Rs.5,000/- per month to the opposite party/wife from the date of filing of the application as ordered by the Trial Court. However, the Appellate Court in the said order has not clarified as to how the huge arrear amount of maintenance will have to be liquidated and what would be the mode of making such payment of arrear amount of maintenance by the petitioner. Therefore, he seeks appropriate remedy. Having heard learned Counsel for the petitioner and also considering the fact that the order which this Court is going to pass shall not cause any prejudice to the opposite party, the service of copy of application upon the opposite party is dispensed with. Having considered the facts and circumstances of the case, the instant application being CRR 3810 of 2026 is hereby disposed 3 of by giving liberty to the petitioner to make an appropriate prayer before the Court below, i.e., Additional District & Sessions Judge, 5th Court, Barasat within a period of 10 days seeking further direction as to how the arrear amount which has been accrued from the date of filing of the application shall be liquidated by the petitioner and in the event of filing such application, the Court below will dispose of his prayer within a period of 30 days thereafter. The petitioner will be at liberty to pray for restoration of the stay order which has been vacated on 12.06.2025 on compliance of the terms and condition of the stay order. The order by which the Executing Court has issued warrant of arrest against the petitioner shall remain stayed for 40 days from this date. 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. )