Md. Ajijur Rahaman @ Ajijur ... vs Ruksana Bibi & Anr
2021 Latest Caselaw 3955 Cal

26.07.2021 IN THE HIGH COURT AT CALCUTTA Item No.4 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1351 of 2012 (Via Video Conference)

Md. Ajijur Rahaman @ Ajijur Rahaman versus Ruksana Bibi & Anr.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Musharraf Alam Sk. ... For the Petitioner.

The present revisional application has been preferred

against the judgment and order dated 06.01.2012 passed in

Criminal Revision No. 85 of 2011 by the learned Additional

Sessions Judge, 6th Fast Track Court, Malda wherein the

learned sessions court, while exercising its revisional

jurisdiction, was pleased to award Rs.2000/- per month as

maintenance to the wife in addition to the maintenance of

Rs.1500/- per month for the minor daughter. Records reflect

that the learned Judicial Magistrate, 2nd Court, Malda was

pleased only to award maintenance of Rs.1500/- per month

to the minor daughter, but refused to allow any award of

maintenance in favour of the wife. The learned sessions court

on re-appreciation of the evidence and the settled principles

of law was pleased to set aside the part of the order relating

to maintenance in favour of the wife.

Having regard to the reasons so assigned by the

learned sessions court, I do not find any illegality in the

impugned order and as such, no interference is called for.

Accordingly, CRR 1351 of 2012 is dismissed.

Interim order, if any, is hereby vacated.

All pending applications, if any, are consequently

disposed of.

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

out 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.)