21.09.2026 Item No. 41 Court No. 39 AN IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION CRR 2484 of 2023 Basudeb Karmakar vs. Tipa Karmakar Ms. Sananda Bhattacharyya … for the petitioner 1. The petitioner, being the husband of the opposite party/ wife, filed this revisional application under Section 482 of the Criminal Procedure Code, 1973, assailing the order dated 22nd February, 2022, passed by the learned Additional Chief Judicial Magistrate, 2nd Court, Kalyani, Nadia, in an application filed under Section 125 of the Criminal Procedure Code in Criminal Misc. Case No. 126 of 2022. 2. By the said order, the learned Trial Court directed the petitioner to pay maintenance to the tune of Rs. 10,000/- per month to the opposite party/wife from the date of filing of the application ex parte. 3. Learned advocate appearing for the petitioner submits that the learned Trial Court has not allowed proper time to file the written objection to the main application and the application for ad-interim maintenance, although prayer was made before the Trial Court, and finally the matter was fixed ex parte and the same was decided without giving any opportunity of hearing to the petitioner. Finally, 2 the petitioner was directed to pay a sum of Rs. 10,000/- towards maintenance. 4. The learned trial court further directed the petitioner to pay the arrear amount in four equal monthly instalments starting from the 5th day of March, 2023, within four months, and the matter was disposed of ex parte. 5. It is further submitted that the petitioner is paying the said amount continuously without fail to the opposite party/wife from the date of passing the ex parte order. The learned counsel, on instruction, submits that the petitioner has also cleared the arrears. However, she prays for an opportunity to contest the case before the learned Trial Court after setting aside the impugned ex parte order, since the matter was not decided on merits and no opportunity was offered; as such, the petitioner is suffering and prejudiced. The petitioner prays for setting aside the ex parte order and allows him to contest the case on merits. 6. This Court, upon perusal of the impugned order, finds that the impugned order was passed ex parte and disposed of without assigning sufficient reasons. The amount of maintenance was allowed ex parte on the basis of petitioner’s unchallenged and uncorroborated version. Therefore, the impugned order is hereby set aside. However, the petitioner is directed to pay maintenance continuously as per the Trial Court’s order till disposal of the main application filed under Section 125 of the Cr.P.C. 3 7. The learned trial court shall allow the petitioner to file the written objection to the main application, if not already filed by the petitioner, after fixing a date within one month from the date of communication of this order and decide the case independently and in accordance with law. The amount paid by the petitioner shall be adjusted with the final maintenance amount to be awarded by the Trial Court. 8. This Court hopes and trusts that the Trial Court shall dispose of the application as expeditiously as possible without granting unnecessary adjournment to the parties. 9. With the above observations and directions, CRR 2484 of 2023 stands disposed of. 10. Consequently, connected applications, if any, also stand disposed of. 11. Interim order, if any, stands vacated. 12. Let a copy of this order be forwarded to the learned Trial Court for information. 13. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 14. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)