22.09.2026 Sl.No. 6 Ct. 39 Amalranjan IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR/2422/2023 SANTANU GORAI VS RITA GORAI KHAN 1. None appears on behalf of the petitioner on call. No accommodation has been sought for. Even on earlier occasions, none represented the petitioner. 2. This case pertains to the year 2023. 3. Considering the nature of prayer and long pendency of this case, this court prefers to decide the case on merits based on the materials available on record. 4. The petitioner, being the husband of the opposite party, has filed this revisional application under Section 482 read with Section 401 of the Criminal Procedure Code assailing the order dated 18.04.2023 passed by learned Additional Chief Judicial Magistrate, Khatra, Bankura in Misc. case no. 80 of 2021 initiated under Section 125 of the Criminal Procedure Code (in short, Cr.P.C) 5. By the said impugned order, the Trial Court allowed the interim maintenance allowance in favour of the opposite party/wife and directed the petitioner to pay a sum of Rs. 7000/- per month as interim maintenance allowance and the application for interim maintenance dated 16.09.2021 was disposed of. 2 6. The brief facts are that the marriage between the petitioner/husband and the opposite party/wife was solemnised on 5th July, 2018 according to Hindu Rites and Customs. After marriage, the opposite party/wife led her conjugal life in her matrimonial home. However, it was alleged that the opposite party subjected her to both physical and mental torture. She was compelled to stay at her husband’s native village, Haldinala, Garbeta, Paschim Medinipur. The petitioner/husband used to visit her at intervals of 2-3 months. The petitioner was posted in military service under the Indian Army at Dibrugarh, Assam, and was in the habit of consuming alcohol; when he used to return home in an inebriated condition, he would abuse her in filthy language and humiliate her. The petitioner also tried to kill her by forcing liquid Harpic into the petitioner's mouth; as such, she lodged a criminal complaint being Sarenga P.S. case no. 39/2021, dated 01.08.2021 under Sections 498A/307 IPC against the petitioner and his family members. Ultimately, she decided to reside separately at her parental house. 7. The petitioner/husband contends that she had filed a matrimonial suit being no. 612/2021 before the learned District Judge, Paschim Medinipur seeking dissolution of their marriage. The allegation, whatsoever, made against him and in-laws is false and fabricated. The petitioner contested the application filed under Section 125 Cr.P.C. 3 The learned Judge, however, awarded interim maintenance to the tune of Rs. 7000/- per month, which was on the higher side; as such, this instant revisional application. 8. Upon perusal of the materials available on record, it is an undisputed fact that she is a legally married wife and now residing separately at her parental house. It further appears civil and criminal cases pending between the parties, and the petitioner is working under the Indian Army (J.D), ASC at Assam Dibrugarh, 764 Battalion, Dibrugarh, and he draws a handsome salary, being a Central Government employee. Ultimately, the Trial Court allowed the petitioner to pay a sum of Rs. 7000/- per month as interim maintenance allowance till disposal of the main application. 9. This Court does not find any infirmity or perversity in allowing such interim maintenance allowance to be paid by the petitioner, having moral and statutory obligation to maintain his wife, when there is no income of her own to maintain herself. Consequently, the order under challenge calls for no interference. 10. Accordingly, CRR 2422 of 2023 is dismissed without any order as to costs. 11. Consequently, the application, if any, is thus dismissed. 12. Interim order, if any, stands vacated. 13. Let a copy of this order be communicated to the learned court below forthwith. 4 14. All parties shall act in terms of the copy of this order downloaded from the official website of this court. 15. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)