16.09.2026 Sl. No.15 Ct. No. 34 NB CRR 2635 of 2023 with CRAN 2 of 2024 In the matter of: Sourav Maji @ Sourav Majhi. ...… petitioner Mr. Amajit De, Ms. Poulami Bose, Mr. Gouranga Dey. .…for the petitioner. Mr. Shibaji Kr. Das, Ms. Deblina De, Ms. Maitrayee Das. …for the OP. 1. This revisional application has been filed at the instance of the husband assailing an order dated July12, 2022 passed by the learned Judicial Magistrate, 4th Court at Durgapur, Paschim Bardhaman in connection with the present Misc. Case No.204 of 2022 whereby an interim maintenance to the tune of Rs.25,000/- has been granted per month to be paid with effect from May 21, 2022. 2. It is submitted before this Court by the learned Advocate representing the petitioner that the opposite party /wife is not entitled to have any order of maintenance since she suppressed the material facts before the Court by not disclosing that she was working as a teacher and used to earn Rs.16000/- to Rs.20, 000/-, when she filed the application for maintenance in the year, 2022. 3. It is further submitted that in connection with an execution proceeding, a warrant of arrest was issued and the said order has been stayed by virtue of an order passed by the learned Co-ordinate Bench, only considering the statement made by the petitioner on affidavit before this Court about the suppression of her income. 2 4. It is further submitted that despite opportunity being granted to the opposite party to file the affidavit-in-opposition, he has not yet filed any affidavit-in-opposition. He further submitted that he has paid sufficient amount and is ready and willing to pay pursuant to the direction to be passed by this court. However, the quantum as decided by the learned Court is causing severe prejudice considering his own income. 5. In support of his income along with this petition the Form-16, is annexed to substantiate his annual income which is of Rs.1,85,657/- and after deduction, is Rs.1,34,097/-. Accordingly, he prays for setting aside and/or modification of the said order. 6. The learned advocate appearing on behalf of the opposite party on the other hand submits that he did not intend to file any affidavit-in- opposition however, denies the averments made in the revisional application to that extent that she earns Rs .16000to Rs.20,000/-per month. 7. It is specific case of the opposite party that the petitioner has failed and neglected to comply with the direction passed by the learned Magistrate and has not paid the interim maintenance and thereby not only flouted the order passed by the learned Court, but also the purpose for which Section 125 Cr.P.C. was incorporated has been frustrated and hence prays for dismissal of the revisional application 8. Heard the submission and perused the materials on record. 9. The order impugned was passed in connection with the proceeding filed by the opposite party under Section 125 Cr.P.C. praying for maintenance of an amount of Rs.25,000/- per month. 3 10. Pursuant to the learned Advocate representing the opposite party the income of the husband is about Rs.90,000/- per month as he is a permanent lecturer of Bengal College of Engineering and Technology and also by way of coaching, earns Rs.30,000/- to Rs.40,000/- per month. In addition he has landed property but, despite sufficient means, opposite party willfully neglected to maintain her. 11. The learned Court passed the interim maintenance at the rate of Rs.25,000/- per month, considering a prima facie case has been established before the Court by the petitioner however the Learned Court did not call for filing Affidavit of Asset 12. The submission made before this Court on behalf of the petitioner reflects that the petitioner/husband is having an income apparently, which is more than the income as alleged in respect of the petitioner. However, that needs to be tested before the learned Court of Magistrate by way of adducing evidences by both the parties and by proving the documents to be relied upon. 13. In terms of the celebrated decision Rajnesh Vs. Neha, it is a settled proposition of law that both the parties must have filed their affidavits of assets and liabilities disclosing their incomes and all details of the accounts and everything in order to arrive at a conclusion as to the actual income of the parties therein. 14. It appears that affidavit of assets and liabilities were supposed to be placed before the Court while such order of interim maintenance was granted however no direction was passed to that extent and the order was passed ex parte only considering the prayer made by the wife. 15. On close scrutiny of the order it can be found that the learned Court allowed the amount of interim maintenance at the rate of 4 Rs.25,000/- which was the claim of the petitioners in the application filed under Section 125 of Cr.P.C ,without ascertaining the income of the husband. The order is completely silent about any such observation made regarding the basis for allowing the interim maintenance in accidence with the prayer of the wife /opposite party. 16. This Court, is therefore, of the considered view that the learned Magistrate ought to have made some observation about the income of the husband in the order, which has not been done and hence warrants interference. 17. Therefore, in view of the above discussion, the order passed by the learned Magistrate is hereby modified only to the extent that the husband/petitioner is directed to pay the maintenance at the rate of Rs.20,000/- in place of Rs.25,000/- per month. The rest of the impugned order will remain same. 18. The petitioner is directed to the pay the arrear amount, whatever has been accumulated as of now taking into account the monthly maintenance at the rate of Rs 20,000/-per month in five installments to be paid along with the current monthly amount, till the arrear amount is exhausted. The first of such amount to be paid within 30th September, 2026. 19. In the event the order is complied by making payment of the installment amount along with the current monthly maintenance, the order passed by the learned Executing Court will remain stayed till the entire arrear amount is exhausted and the Learned Magistrate will take appropriate steps to dispose of the execution case accordingly. 5 20. However it is made clear in the event of non-compliance of this order, the learned Magistrate will proceed with the execution case in accordance with law. 21. It is further made clear that in the event the final amount of maintenance if found to be less than the amount of interim maintenance the Learned Court will pass appropriate order for adjustment of said excess amount already paid. 22. The learned Magistrate is also directed to make all endeavour to dispose of the proceeding at the earliest without granting any unnecessary adjournments to either of the parties. 23. Accordingly this revisional application stands allowed in part. 24. All parties shall act on the server copy of this order duly downloaded from the official website of this Hon’ble High Court. (Chaitali Chatterjee (Das), J.)