Ujjaval Vinod Saraf vs Unknown
2021 Latest Caselaw 5332 Cal

    8
04.10.2021

rrc

CRR 1829 of 2021 With CRAN 1 OF 2021

In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Ujjaval Vinod Saraf ..... petitioner

Ms. Debasish Roy Mr. A. Ganguly Mr. Shamser Ali Mr. Arkadeb Bhattacharya .....For the petitioner

Mr. Phiroj Edulji Mr. Suman Ghosh Md. Kasim Warsi Md. Rahim Waris ....For the opposite party

It appears that an order of interim maintenance was passed

by the learned Additional Principal Judge, Family Court, Kolkata

in a proceeding under Section 125 of the Code of Criminal

Procedure, 1973, giving a direction upon the husband/petitioner

to pay maintenance of Rs.2,00,000/- per month to the opposite

party/wife along with a direction to pay additional sum of

Rs.1,00,000/- per month to clear the arrear maintenance

calculated from the date of filing of the application.

I am of the opinion that since the maintenance application is

to be disposed of finally on merit, no useful purpose will be served

by keeping the revisional application pending.

The revisional application is disposed of with a direction

upon the learned Additional Principal Judge, Family Court,

Kolkata to dispose of the proceeding under Section 125 of the

Code of Criminal Procedure, 1973, preferably, within a period of

six months from date without granting any unnecessary

adjournments to either of the parties.

It is, however, made clear that the petitioner will go on

making payment of regular maintenance as directed by the

learned Judge by his order dated February 23, 2021. The

direction to pay the arrear maintenance shall remain stayed till

the disposal of the application for maintenance.

The learned Judge will decide the prayer for maintenance

finally in the light of the judgment reported at (2021) 2 SCC 324

(Rajnesh Vs. Neha).

The application being CRR 1829 of 2021 is, thus, disposed

of.

In view of the above, the connected application being CRAN 1

of 2021 is also disposed of accordingly.

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

downloaded from the official website of this Court.

(Kausik Chanda, J.)