Partly allowed

Robin Kumar Saha v. Shruti Jaiswal

Calcutta HC28 Aug 2026CRR/4895/2023

Case brief

AI extract

What is this about?

The High Court, in revision, modified the quantum of interim monthly maintenance awarded to the wife from Rs. 90,000 to Rs. 50,000 pending disposal of the maintenance suit on merits, allowing the trial court later to decide the final quantum independently.

What did the court decide?

The monthly maintenance quantum was modified to Rs. 50,000 per month until the disposal of the case on merits.

Robin Kumar Saha Vs Shruti Jaiswal — Domestic Violence | Calcutta HC (2026)

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28.08.2026 Serial no.33 and 34 Aloke Ct. No. 30

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CRR 4895 of 2023 with CRR 4907 of 2023

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Robin Kumar Saha

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vs . Shruti Jaiswal

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Mr. Sabir Ahemd Mr. Sayantan Kar Mr. E. Ahmed

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Ms. Deboleena Mukherjee … for the petitioner

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Mr. Soubhik Mitter

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Ms. Rajnandini Das

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Mr. Karan Bapuli … for the opposite party

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The revisional applications have been preferred being aggrieved by the judgment dated 7^th December, 2023 passed in Criminal Appeal No.112 of 2023, arising out of A.C. Case No. 1289 of 2022 by the learned Additional District and Sessions Judge, 6^th Court at Alipore, South 24 Parganas.

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Vides the impugned order, the learned Additional District and Sessions Judge, 6^th Court, Alipore on observing as follows :

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“………It is true that there is direction of Apex Court in Rajnesh Vs. Neha for consideration of disclosure of assets and liabilities of both the parties but with due Honour, to the dictum of the Apex Court I add to say that there is no embargo in the direction of the Hon’ble Court which debarred the Ld. Magistrate in passing interim ex-parte order of maintenance as per

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the provision of section 23(2) of D.V. Act...........”, was pleased to dismiss the appeal preferred by the petitioner/husband herein.

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The appeal had been preferred by the petitioner herein against an ex-parte interim order of maintenance of Rs.90,000/- per month and Rs.25,000/- per month for alternative residence (total Rs.1,15,000/-) passed by Ld. J.M, 9^th Court, Alipore, 24 Parganas (South) in connection with case No. AC/1289/2022 U/S 23(2) of Protection of Women from Domestic Violence Act.

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Considering the said facts and also the guidelines of the Hon’ble Supreme Court as laid down in Rajnesh vs. Neha (in Criminal Appeal No. 730 of 2020 dated 4^th November, 2020) reported in (2021) 2 SCC 324 , this Court considering the materials on record modifies the quantum of maintenance as granted by the order dated 7^th December, 2023, to Rs.50,000/- per month. The said amount shall be paid each month by the petitioner herein till disposal of the case before the learned Magistrate on merit, on considering the affidavit-of-assets and liabilities to be filed by both the parties before it.

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It is made clear that the quantum as modified by this Court shall be effective till the disposal of the case before the trial Court and the trial Court while disposing of the case finally, shall be at liberty to arrive on its own decision as to the quantum of maintenance on the basis

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of the affidavit-of-assets and liabilities without being influenced by the interim amount granted by this Court.

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The revisional applications stand disposed of.

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Connected application, if any, stands disposed of.

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Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Shampa Dutt (Paul), J.)

Robin Kumar Saha v. Shruti Jaiswal

Case brief

What is this about?

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Robin Kumar Saha v. Shruti Jaiswal

Case brief

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