Criminal Appeal No. 7 of 2018 · The High Court · 2026

the present appeal was filed being the Criminal Appeal No.7 of 2018 before the court of Additional District and Sessions Judge, Fast Track 2nd Court, Basirhat, North 24 Parganas.

6. The learned appellate Court heard the matter in presence of both the learned advocates and passed the above order. Being aggrieved thereby, the present revisional application has been filed for passing necessary orders as well as stay of the execution proceeding.

7. The crux of the matter as can be gathered from the records is that the initial order was passed ex parte whereby the petitioner did not have an opportunity to place his case. The learned Magistrate heard the matter ex parte even though the notice was not property served upon the present petitioner. the learned appellate Court though requested the learned Magistrate to hear afresh, directed the petitioner to continue with the payment of Rs.5000/- in terms of the order passed by the learned court of Magistrate so long the issue is decided by the learned Magistrate ,after giving an opportunity of hearing to both the parties.

8. On close scrutiny of the entire facts and circumstances, it is evident that the present petitioner cannot escape from his liability to pay the amount of maintenance which was not only directed by the court of learned Magistrate, but by the appellate Court as well. The provision enumerated in the PWDV Act is a beneficial legislation and, therefore, in terms of Section 23 of the said Act, the Magistrate was entitled to pass even an ex parte order.

9. Be that as it may, since the matter is directed to be heard afresh giving an opportunity to the petitioner to file the written statement as well as written objection, this Court is also of the view that the petitioner must appear before the court to file written statement and written objection respectively. 4

10. Since there is an outstanding amount of Rs.5.75 lakh out of which Rs.2.71 lakh has already been paid and the petitioner is to pay the outstanding amount , the petitioner is given liberty to pay a further amount of Rs.1,00,000/- within a period of 45 days from this date and to pay further Rs.50,000/- within a month thereafter and to continue to pay Rs. 10,000 /-(Rs 5000/- towards the current maintenance along with an amount of Rs.5000/- towards the outstanding amount) till the balance amount of the outstanding amount is exhausted and such payment is to be made within 10th of each month. The parties are directed to file statement of accounts before the learned Magistrate.

11. The learned Magistrate is directed to accept the written statement and written objection to be filed by the petitioner and to hear afresh the matter after complying with the direction passed in the decision of the Hon’ble Supreme Court in Rajnesh Vs. Neha reported in (2021) 2 Supreme Court 324. Learned Magistrate is further directed to make all endeavors to dispose of the entire matter as early as possible.

12. It is made clear that since the petitioner has paid an amount of Rs 2.71 lakhs towards outstanding amount the order issuing warrant against him in connection with the execution cases will remain stayed for the present however in case of non-compliance of the order the Learned Magistrate will be at liberty to proceed further.

13. Accordingly, the revisional stands disposed of.

14. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

15. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. [Chaitali Chatterjee (Das), J.]