29.09.2026 Item No. 11 Court No. 39 AN IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION CRR 5383 of 2025 Arijit Dutta vs. Riya Dutta (Halder) Mr. Subhadip Pramanik Mr. Abhimanyu Dan … for the petitioner Mr. Soumik Ganguli Ms. Priti Burman … for O.P. No. 2 1. By filing this revisional application, the petitioner has assailed the order dated 17th July, 2025 passed by the learned Judge, Family Court, Bankura in connection with Misc. Criminal Case No. 58 of 2023 under Section 125 of the Criminal Procedure Code, 1973 thereby directing the petitioner/husband to pay a sum of Rs. 12,000/- p.m. as interim maintenance to the opposite party/wife along with Rs. 10,000/- as litigation cost and Rs. 3,33,600/- as an arrear @ Rs. 12,000/- p.m. from 28th February, 2023 till June, 2025, which is now pending before the learned Judge, Family Court, Bankura. 2. Learned advocate appearing for the petitioner submits that such interim order was passed ex-parte without granting an opportunity of hearing or to place his case before the learned trial court. As a result, the petitioner suffered irreparable loss and injury as the learned trial court did not consider his obligations and liabilities towards his 2 mother and specially-abled brother. He has to maintain them from his income. Apart from that, he had availed two personal loans and is paying regular instalments from his salary. The learned trial court should have considered these facts; accordingly, the ex-parte order is liable to be set aside. 3. Learned Advocate for the opposite party/wife, on the other hand, vehemently opposes the prayer of the petitioner/husband and further prays for dismissal of the instant case. Learned counsel further submits that the learned trial court passed the interim order ex parte, considering the income and liabilities of the parties, and finally allowed interim maintenance at a lower level, to the tune of Rs. 12,000/- per month. Therefore, the instant revisional application is liable to be dismissed. 4. Having heard learned advocates appearing for the respective parties and considering the materials on record, this Court is of the opinion that the petitioner/husband should be given the opportunity to contest the case although it is an undisputed fact that the opposite party/wife is the legally married wife of the present petitioner. She is residing separately. It is also an admitted fact that the petitioner is a school teacher and draws a monthly salary of Rs. 43,570/-, as per the assets and liabilities which were filed before the learned trial court; however, the petitioner did not get an opportunity to place his case for fair and proper disposal since he could not 3 attend the court on the date fixed and filed an adjournment application. 5. Accordingly, the order passed by the learned trial court is hereby modified, directing the petitioner/husband to pay at least Rs. 10,000/- per month from the date of passing of the order as interim maintenance. 6. All the aforesaid facts should be considered and decided by the learned trial court after giving an opportunity of hearing to the petitioner/husband independently and in accordance with law on its own merit while deciding the final maintenance under Section 125 of the Cr.P.C. 7. So far as the arrears are concerned, it should be calculated @ Rs. 10,000/- from the date of filing of the application, i.e., 20th February, 2023 and the amount granted as interim maintenance as aforesaid by this Court shall be adjusted with the amount to be allowed as maintenance after final disposal of this application. 8. It is also made clear that this Court has not entered into the merits of the case; the learned trial court shall decide and dispose of the application independently and in accordance with law as expeditiously as possible without granting unnecessary adjournment to the parties and without being influenced by any observation made by this Court and take it to its logical conclusion. 9. With the above observations, CRR 5383 of 2025 stands disposed of. 10. Consequently, connected applications, if any, also stand disposed of. 4 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.)