Gautam Kumar Pan vs Unknown
2021 Latest Caselaw 3758 Cal

D/L.34                            C.R.R. No.1798 of 2013
July 13,

   Bpg.

In Re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

In the matter of : Gautam Kumar Pan. ...petitioner.

The present revisional application has been preferred

against the judgment and order dated 13.02.2013 passed by the

learned Additional Sessions Judge, 4th Court, Burdwan, in Criminal

Appeal No.23 of 2012 wherein the order dated 25.6.2012 passed by

the learned Judicial Magistrate, 3rd Court, Burdwan, in Misc. Case

No.15 of 2011 was affirmed.

The subject-matter of the grievance of the present

petitioner is regarding the order of interim maintenance of Rs.900/-

per month to be paid under Section 12 of the Protection of Women

from Domestic Violence Act, 2005.

I have perused the order passed by the learned courts

below and I find that the learned Magistrate as well as the revisional

court took into account the domestic incident report so submitted

on 14.1.2011 and thereafter the learned courts below formed their

opinion.

Having regard to the substantial materials being relied

upon by the learned courts below, I am of the view that no

interference can be made regarding the validity of marriage until

and unless the trial court comes to a conclusion after proper

evidence being adduced. So far as Rs.900/- per month was

awarded to the opposite party, the same was by way of an interim

measure, as such, the same do not require any reconsideration.

Accordingly, CRR 1798 of 2013 is dismissed.

Pending applications, if any, are hereby disposed of.

Interim order, if any, is hereby vacated.

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

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)