Calcutta High Court (Appellete Side)Sanat Ishwar Parmar & Anr vs State Of West Bengal & Anr on 17 December, 2020Author:Shivakant PrasadBench:Shivakant Prasad17.12.2020\nCt. 30\nSl.19\nKS\n                                  CRR 491 of 2020\n\n                            Sanat Ishwar Parmar & Anr.-Vs.-State of West Bengal & Anr.(Via Video Conference)\n\n\n\n                                           Mr. Sabyasachi Banerjee\n                                           Mr. Anirban Dutta\n                                           Mr. S. Sinha\n                                                  .....For the Petitioners\n                                           Mr. Sandipan Ganguly\n                                           Mr. Arkadeb Bhattacharya\n                                                  .....For the O.P. No.2\n\n                   In this revisional application, the revisionist-husband\n\n             has sought for modification, alteration, setting aside the order\n\n             dated 23.12.2019 passed in Criminal Appeal No.272 of 2019\n\n             arising out of an order dated 19th November, 2019 passed by\n\n             the learned Metropolitan Magistrate, 4th Court in Misc. Case\n\n             No.75 of 2019 whereby the learned Chief Judge, City Sessions\n\n             Court in its order dated 23.12.2019 was pleased to stay the\n\n             operation of the order dated 19.12.2019 passed by the learned\n\n             Metropolitan Magistrate, 4th Court subject to payment of\n\n             Rs.50,000/- to the opposite party-wife as an interim\n\n             maintenance from the date of the order.2Mr. Sabyasachi Banerjee, learned advocate appearing\n\nfor the petitioners submits that he has already challenged the\n\nissue of jurisdiction of the Court because the opposite party-\n\nwife resides in Mumbai and the petitioner-husband resides in\n\nPune.This submission is countered by Mr. Ganguly, learned\n\nadvocate appearing for the opposite party-wife and submits\n\nthat the opposite party-wife resides in Kolkata and that the\n\nappeal is still pending before the learned Appellate Court. It\n\nis also submitted by Mr. Ganguly that the arrear payable to\n\nthe opposite party no. 2-wife is to the tune of Rs. 6,53,290/-\n\nwhereas only a sum of Rs. 1,00,000/- has been paid by the\n\npetitioner and a sum of Rs. 5,53,290/- is yet to be paid.I find that the issue of jurisdiction as to whether the\n\nCourt has got the jurisdiction to entertain such application or\n\nthe appeal is a matter of decision for the Appellate Court.With this above observation, the application being,\n\nCRR 491 of 2020 is disposed of with direction upon the\n\nAppellate Court below to dispose of the appeal within a\n\nperiod of fortnight after reopening from the "Christmas\n\nVacation".3Urgent photostat certified copies of this order, if\n\napplied for, be made available to the parties upon compliance\n\nof the requisite formalities.(Shivakant Prasad, J.)