30.09.2026 Item No. 16 Court No. 39 AN IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION CRR 3882 of 2026 Shahnawaz Alam vs. State of West Bengal & anr. Mr. Dipayan Dan Mr. Sombit Das … for the petitioner 1. By filing this revisional application, the petitioner has assailed the order dated 3rd July, 2026 passed by the learned Additional Sessions Judge, 1st Court, Howrah in Criminal Appeal No. 129 of 2023 filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005 arising out of Misc. Case No. 615/2021 pending before the Judicial Magistrate, 7th Court, Howrah. 2. By the said judgment and order, the learned Additional Sessions Judge, 1st Court, Howrah enhanced the interim maintenance allowance to the tune of Rs. 10,000/- p.m. for the petitioner’s wife/opposite party, and Rs. 8,000/- p.m. for her minor child, from Rs. 5,000/- each awarded to the aggrieved person and the minor son as interim maintenance by the Learned Judicial Magistrate. 3. Learned advocate appearing for the petitioner submits that the appeal was filed at the behest of the opposite party/wife. The same was disposed of without considering the actual income of the petitioner. The learned Additional Sessions Judge, 1st Court, Howrah whimsically and 2 capriciously enhanced the amount of interim maintenance although the petitioner has specifically stated his actual income, his expenses and liabilities in his affidavit of assets and liabilities. The same affidavit was filed in the learned trial court for fair and proper adjudication of the applications, but it was not appreciated by the Learned Judge. Therefore, the impugned order is liable to be set aside; otherwise, the petitioner will suffer injuries. 4. He further draws attention to the orders of the learned trial court as well as the appellate court in support of his prayer as sought. 5. Having heard the learned advocate for the petitioner and considering the materials on record and upon meticulous perusal of the judgments passed by both the court below, this Court finds that the learned Additional Sessions Judge, 1st Court, Howrah enhanced the aforesaid amount without considering the actual income, which was disclosed by the petitioner in affidavit of assets and liabilities and presumed that when the petitioner indicated his actual expenses incurred every month to the tune of Rs. 19, 450/- p.m., how he could adjust such expense by only income of Rs. 20,000/- and it is not possible for him to bear such expenses. The judgment was apparently passed without applying his judicial mind and/or based on materials accordingly; the same is required to be interfered with by this court. 6. The Judgement and order dated 3rd July, 2026 passed by the learned Additional Sessions Judge, 1st Court, Howrah 3 in Criminal Appeal No. 129 of 2023 under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is hereby modified to the extent of Rs. Rs. 7000/- to the aggrieved wife and Rs. 5,000/- to the minor child per month toward interim maintenance. 7. With the above observations, CRR 3882 of 2026 stands disposed of. 8. Consequently, connected applications, if any, also stand disposed of. 9. The Trial court is directed to decide the main application filed under the P.W.D.V. Act, 2005 independently and in accordance with law as expeditiously as possible without granting unnecessary adjournment to the parties and without being influenced of any observation made by this Court since this Court modifies the order only for interim maintenance. 10. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 11. 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.)