Code vs In Re : Dalli Sk
2021 Latest Caselaw 3654 Cal

08.07.2021 AJ, Ct.34 C.R.R. 240 of 2012 Sl No. 05.

( Via Video Conference )

n Re: An application under Section 401 of the Code of Criminal Procedure, read with Section 482 of the Criminal Procedure Code.

                                                And

                    In Re : Dalli Sk.         ...... petitioner.

The present revisional application has been preferred against

the judgment and order dated 06.08.2009 passed by the learned

Judicial Magistrate, 2nd Court, Malda in connection with Case No:

422M of 2008.

By the impugned judgment and order the learned Magistrate

was pleased to direct the husband to pay Rs.40,979/- towards

unpaid dower, Rs.20,000/-towards payment of cash received by

him and Rs.2,00,000/- towards reasonable and fair provision for

maintenance (the total amount being Rs.2,60,979/-). It was further

directed that the aforesaid sum should be paid within ninety days

from the date of passing of the order.

The subject matter of the case involves Muslim Women

(Protection of Rights of Divorce) Act, 1986. The learned Magistrate

while arriving at the quantum to be awarded took into account the

evidence adduced by the parties and after proper appreciation of

the same arrived at such conclusion. Records of the revisional

application reflect that initially on 25.02.2012 when the revisional

application was taken up for hearing there was an interim order for

stay for a period of twelve weeks. The said interim order was

thereafter never extended.

Today when the matter has been taken up none appeared to

appraise this Court regarding the present position of the case before

the learned Court below as to whether the orders which were

passed has been given effect to.

Having regard to the aforesaid, I am of the view that there is

no scope for interference at this stage after nine years.

Accordingly, C.R.R. 240 of 2012 is dismissed.

Pending applications, if any, are disposed of.

Interim order, if any, is hereby vacated.

The Department is directed to communicate this order to the

learned Judicial Magistrate, 2nd Court, Malda within a period of

seven days from date.

The learned Magistrate is directed to implement the order so

passed on 06.08.2009.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)