Asgar Ali Mallick vs Unknown
2021 Latest Caselaw 6608 Cal

Court No.

C.R.R. 3233 of 2019 Item no.

ssi In the matter of:- Asgar Ali Mallick

23.12.

2021 Ms. Sayanti Santra ...for the petitioner

The matter is listed today as a motion.

The petitioner/husband has come before this Court

challenging the order dated 03.09.2019 passed by

learned Additional Sessions Judge, Fast Track-1st Court,

Sealdah, South 24 Parganas in Criminal Revision No. 16

of 2019 whereby the order dated 05.01.2019 passed by

learned Judicial Magistrate, 3rd Court, Sealdah, South 24

Parganas in Maintenance Case No. 75/17 was set aside

and the opposite party/husband, herein the petitioner

was directed to pay maintenance of Rs. 5,000/- per

month from the date of filing of the application under

Section 125 of the Code of Criminal Procedure.

Learned advocate for the petitioner prays for

admitting the revision filed by the petitioner against his

wife on the ground that maintenance amount of Rs.

5,000/- per month is excessive and that there was a prior

settlement between the parties where an amount was

agreed upon as full and final settlement towards

maintenance of the petitioner and the child.

Considered the submission, it appears from the

impugned judgment as well as the application filed by the

petitioner that the matter of settlement has been

considered. The petitioner herein is an Advocate.

In my considering view, the money value of Rs.

5,000/- per month allowed as maintenance is

considerably trivial and paltry sum for a decent

maintenance, as such I find no prima facie case in favour

of the petitioner to admit this revision. C.R.R. No. 3233 of

2019 is thus dismissed in limine.

(Ananda Kumar Mukherjee, J.)