Mina Ghosh and Anr. Vs Sanjay Ghosh — Calcutta HC (2025) — LawSathi Research

Mina Ghosh and Anr. Vs Sanjay Ghosh — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned interim maintenance order dated 27.02.2019 set aside; both parties to file affidavits of assets and liabilities (Rajnesh format) within thirty days; Court below to determine quantum of interim maintenance afresh within six weeks thereafter; husband to continue paying Rs. 3,500/- each per month to the petitioner and her minor daughter from 23.2.2017 until fresh disposal of the interim maintenance application.

Issue for consideration

Whether the interim maintenance of Rs. 3,500/- each granted to the petitioner and her minor daughter is adequate, considering that the opposite party/husband is a Central Government employee (Gateman, Indian Railways Engineering Department) and his monthly salary. +1 more

Ratio / Principle

It is an admitted position that the Court below passed the interim maintenance order without considering the existing assets and liabilities of the parties; since under Rajnesh v. Neha (supra) it is now mandatory law that parties file affidavits of assets and liabilities for determination of maintenance or interim maintenance, the impugned order dated 27th February, 2019 is set aside.

Key takeaways

Both parties are directed to file their affidavits of assets and liabilities in the format prescribed in Rajnesh v. Neha (supra) within thirty days of communication of this order; upon such filing, the Court below is to determine the quantum of interim maintenance afresh within six weeks thereafter, uninfluenced by any observations made herein.ratio¶12

Detailed headnote1 paragraphs

Criminal Revision (Calcutta High Court, Circuit Bench at Jalpaiguri), C.R.R. 99 of 2025, Mina Ghosh & Anr. v. Sanjay Ghosh — Revision against order dated 27.02.2019 of the learned Judicial Magistrate, 2nd Court, Jalpaiguri in Misc. Case No. 27 of 2017 granting interim maintenance of Rs. 3,500/- each to the petitioner-wife and her minor daughter. Held: it was an admitted position that the interim maintenance order was passed without consideration of the parties' existing assets and liabilities; per Rajnesh v. Neha, AIR 2021 SC 569, it is mandatory law that parties file affidavits of assets and liabilities for determination of maintenance/interim maintenance. The impugned order was accordingly set aside. Both parties directed to file affidavits in the Rajnesh format within thirty days; trial court to determine interim maintenance afresh within six weeks thereafter, uninfluenced by the High Court's observations. Meanwhile the husband to continue paying Rs. 3,500/- each per month (by the 10th of each English Calendar month) from 23.2.2017 until fresh disposal. Application disposed of. (Dr. Ajoy Kumar Mukherjee, J.)

16 04.03 akb 2025

Ct. No. 3

Calcutta High Court In the Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction

C.R.R. 99 of 2025 Mina Ghosh & Anr. Vs. Sanjay Ghosh

Mr. Arik Banerjee Mr. Jayjit Dutta Mr. Bikash Singha …For the Petitioners

This application has been preferred assailing the order dated 27^th February, 2019 passed by the learned Judicial Magistrate, 2^nd Court, Jalpaiguri in Misc. Case No. 27 of 2017. By the order impugned, learned Court below granted interim maintenance of Rs. 3,500/- each for herself and her daughter from the date of filing of the application.

The Petitioners herein being aggrieved by that order contended that the opposite party/husband is a Central Government Employee and working in Indian Railways Engineering Department in the capacity of Gateman and considering his monthly salary the amount granted by the Court below is a meager amount and not sufficient for the maintenance of the petitioner and her minor female child.

It is further submitted that the order was passed in the year 2019 and therefore the directions made by the Hon’ble Apex Court in the case of Rajnesh Vs. Neha , reported in AIR 2021 SC 569 , has not been followed.

Since, the order going to be passed by this Court, will not cause prejudice to the opposite party/husband, the service of copy of the application upon the opposite party is dispensed with.

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It is admitted position in the present context that the Court below has passed the order of interim maintenance without considering about the existing assets and liabilities of the parties. In view of the judgment delivered in the case of Rajnesh Vs. Neha (Supra) it has now become mandatory law of the land that the parties are to file affidavit of assets and liabilities, in order to determine the prayer for maintenance or interim maintenance, as the case may be. In such view of the matter, the order impugned dated 27^th February, 2019 is hereby set aside.

Both the parties are directed to file their affidavit of assets and liabilities in the format given in the case of Rajnesh Vs. Neha (Supra) within a period of thirty days from the date of communication of this order and on filing such affidavit of assets and liabilities by both the parties, the Court below will determine the quantum of interim maintenance afresh within a period of six weeks thereafter, without being influence by any observations made herein.

The opposite party/husband will go on paying the amount of Rs. 3,500/- each to the petitioner and her minor female daughter within 10^th day of each succeeding month as per English Calendar month from 23.2.2017 till disposal of the interim maintenance application afresh by the Court below.

With the aforesaid observations, the application, being C.R.R. 99 of 2025 thus stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be

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given to the parties, on priority basis, upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J. )