Syed Siraj Ali vs Unknown
2021 Latest Caselaw 1495 Cal

30   19.02.2021                               CRR 430 of 2021
NB

                  In the matter of:- Syed Siraj Ali                            ...petitioner
                                      Mr. Rafiqul Islam.
                                                        ...for the petitioner.

Although this is an application challenging an order dated

04.12.2019 passed in Misc. Case No.57 of 2018 thereby rejecting a

petition of non-maintainability, learned Counsel appearing on behalf of the

petitioner submits that the petitioner is actually praying for quashing of the

proceeding under Section 125 of the Code.

Learned Counsel for the petitioner submits as follows. The

wife/opposite party was earlier granted for maintenance allowance in Misc.

Case No.108 of 2006 before the learned Additional Chief Judicial

Magistrate, Bolpur, Birbhum. By a judgment and order dated 04.10.2008

passed in the said proceeding, maintenance allowance was granted to the

wife/opposite party at the rate of Rs.800/- per month and at the rate of

Rs.400/- per month for the minor child. Since an order already exists in

favour of the opposite party no.1, instead of pursuing the same a fresh

proceeding could not have been initiated by the wife.

Let the petitioner serve a copy of the application upon the

opposite party no.1 by speed post with acknowledgment due, within a

week and file an affidavit of service to that effect on the next date of

hearing.

Let this matter appear under the same heading 'Listed Motion'

two weeks hence.

It is clarified that no interim order of stay has been granted in this

revision.

Urgent photostat certified copy of this order may be supplied to

the parties expeditiously, if applied for.

(Jay Sengupta, J.)