And 482 Of The Code Of Criminal ... vs In Re : Tahasen Sk
2021 Latest Caselaw 3756 Cal

13.07.2021 AJ, Ct.34 C.R.R. 520 of 2013 Sl No. 22. C.R.A.N. 1 of 2013 (Old C.R.A.N. 469 of 2013) ( Application is not here) ( Via Video Conference )

Re: An application under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure, 1973.

                                                     And

                     In Re : Tahasen Sk.             ...... petitioner.

The present revisional application has been preferred against

the judgment and order dated 18th May, 2012 passed by the

learned Judicial Magistrate, Additional Court, Lalbagh,

Murshidabad in M.R. Case No. 143 of 2010 under Section 125 of

the Code of Criminal Procedure.

The grievance of the petitioner relates to the quantum of

maintenance being awarded by the learned Magistrate. Record

reflects that the learned Magistrate in his judgment was pleased to

award Rs.3,000/- per month to the wife and Rs.2,000/- per month

to the minor son. The said order of maintenance was given effect to

from the date of filing of the case.

Having regard to the quantum of maintenance so awarded by

the learned Magistrate and the cost of living involved, I am of the

view that the said maintenance is not excessive. As such, the said

order does not call for any interference by this Court.

Accordingly, C.R.R. 520 of 2013 is dismissed.

All pending applications, if any, are disposed of.

Interim order, if any, is hereby vacated.

The opposite party no.1 will be at liberty to take out an

appropriate application for recovery of the arrears before the

learned Magistrate and the learned Magistrate should dispose of

such application within three months from the date of filing such

application.

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

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)