Supreme Court Grants Interim Relief in Calcutta Maintenance Dispute.


26 September 2025 Maintenance >> Family Law  

On 26th September, 2025, the Supreme Court of India dismissed Special Leave Petition (Crl.) No. 15246/2025, providing interim relief to Debabrata Majumdar in a maintenance case against Shikta Majumdar Acharjee. Justices Dipankar Datta and Augustine George Masih permitted Majumdar to deposit Rs. 1.2 lakh with the Registry of the Calcutta High Court on or before October 27, 2025, to suspend a distress warrant and proceedings for execution.

Case Background:

Majumdar appealed against a September 10, 2025 order of the Calcutta High Court rejecting his criminal revisional application (CRR No. 2716/2025) without granting effective relief. The High Court recorded Majumdar had consented to pay Rs. 36,000 as per an order dated September 3, 2025, but refused, thus permitting the case of maintenance execution (M.Ex.No.07/2025, emerging from M. Case No.44/2024) to continue.


 
 
   

Court Proceedings:

Senior counsel Ardhendumauli Kumar Prasad, appearing for Majumdar, admitted the default but pleaded that he be allowed to pay Rs. 1.2 lakh in a month and prayed for stay of the distress warrant and execution case. The Supreme Court deemed it unnecessary to keep the petition pending and accepted the proposal without issuing notice to the respondent.

Court's Order:

The court disposed of the petition, directing Majumdar to deposit Rs. 1.2 lakh with the Calcutta High Court Registry within October 27, 2025. Until then, the distress warrant and execution case (M.Ex.No.07/2025) are stayed. In reviewing the deposit, the stay will continue until further orders are made by the High Court, and the September 10, 2025, order of the High Court shall be set aside, reinstating the revisional application. The High Court can order the release of the deposited amount to the complainant-respondent without prejudice and further impose conditions on Majumdar. The revisional application shall be determined on merit.

Implications:

This decision grants interim protection to Majumdar but enables the High Court to decide the dispute regarding maintenance on merit. This is a demonstration of the balance of the judiciary between enforcing compliance and upholding the right to hearing on merits.