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Judgment
Debangsu Basak, J
The petitioner complains of police inaction.
Learned advocate appearing for the petitioner submits that, the police did not take appropriate steps to recover the stridhan articles of the petitioner.
State and the private respondents are represented.
Learned advocate appearing for the private respondents submits that, there is a proceeding under Section 125 of the Criminal Procedure Code pending. He submits that, the gross monthly salary of the petitioner is about Rs.63,000/- and that, take-home monthly salary is about Rs.44,000/-. On instructions, he volunteers to pay a sum of Rs.10,000/- per month commencing from the month of August 2019, as maintenance for the petitioner and the child born out of wedlock of the marriage between the private respondents and the petitioner. He submits that, this offer of payment of maintenance is wholly without prejudice to the rights and contentions of the private respondent in the pending proceeding under Section 125 of the Criminal Procedure Code. He submits that, there are no further stridhan articles lying with the private respondents. Moreover, the complaint under Section 406 of the Indian Penal Code is not maintainable.
In the facts of the present case, it appears that, the police undertook a raid to seize the stridhan articles. In such raid, certain articles, as inventoried in the seizure list were found. According to the petitioner, there are other articles than what was seized by the police on that date. According to the private respondents, there are no other stridhan articles lying. In view of such rival contentions, it would be appropriate to direct the police to undertake a fresh attempt to recover the stridhan articles. The police will inform the petitioner as to the date when the police will visit the locale to recover such articles. The petitioner will accompany the police. The police will videograph the entire process and produce such records before the Jurisdictional Court. No doubt, the police will make inventory of articles signed, if any, in such attempt. So far as payment of maintenance is concerned, wholly without prejudice to the rights and contentions of the parties in the proceeding under Section 125 of the Criminal Procedure Code, the private respondent shall pay a sum of Rs.10,000/- per month, as maintenance, to the petitioner and the child, commencing from the month of August 2019. The payment for the month of August 2019 will be within seven days from date. The payment for the next month onwards will be made by the private respondents within seventh of each month.
Learned advocate on record for the petitioner will communicate the bank account details of the petitioner to the learned advocate on record for the private respondents. The private respondents will ensure that, the amount of maintenance as directed, is credited in such bank account within the time stipulated.
It is clarified that, this order of maintenance is an interim measure. The Court in seisin of any maintenance proceeding including the Court in Seisin of Section 125 of the Criminal Procedure Code proceeding are at liberty to award such amount of maintenance, as permitted in law.
W.P. No.15047 (W) of 2019 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.