Goutam Das vs Unknown
2021 Latest Caselaw 3877 Cal

D/L22. C.R.R. No.1256 of 2013 July 20, (Via Video Conference)

Bpg.

In Re : An application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973;

In the matter of : Goutam Das. ...petitioner.

The present revisional application has been preferred

against the judgment and order dated order 5.3.2013 passed by the

learned Additional Sessions Judge, Fast Track, Court-II, Howrah in

Criminal Revision Application No.164 of 2011 wherein the learned

Sessions Judge while exercising its revisional jurisdiction was

pleased to affirm the orders dated 19.2.2011 and 7.7.2011 passed

by the learned Judicial Magistrate, 5th Court, Howrah in Misc.

Execution Case No.11 of 2011.

The thrust of contention of the petitioner before the

learned Sessions Judge was that the learned Magistrate failed to

appreciate that the execution case is not maintainable as the wife

cannot file maintenance both under Section 125 of the Code of

Criminal Procedure as well as under the provisions of Protection of

Women from Domestic Violence Act, 2005. It is pertinent to state

that the wife is entitled to get maintenance for both the provisions of

law but the quantum of award is to be adjusted and it is settled

principle that the higher quantum of award would prevail.

Having regard to the settled principles of law, I am of the

view that no interference is called for in respect of the order under

challenge and, as such, CRR 1256 of 2013 is dismissed.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

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

an appropriate application for recovery of arrears, before the learned

Judicial Magistrate.

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

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)