Smt. Rita Nayek vs The State Of West Bengal & Anr
2021 Latest Caselaw 4712 Cal

D/L50. C.R.R. No.2075 of 2012 September (Via Video Conference) 9, 2021 Bpg.

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

Smt. Rita Nayek Versus The State of West Bengal & Anr.

Mr. Tapan Dutta Gupta, Mr. Kasishwar Ghosal.

...for the petitioner.

Mr. Tapan Dutta Gupta, learned advocate, appears for

the petitioner and challenges the order passed by the learned

Additional Sessions Judge, 1st Court, Purulia in Criminal Revision

No.43 of 2007 which was disposed of by a judgment and order

dated 21st January, 2012.

I have perused the order setting aside the award of

maintenance dated 29.09.2007 passed in Misc. Case No.69 of 2004

by the learned Judicial Magistrate, 4th Court, Purulia which allowed

maintenance to the petitioner and her two daughters.

The opposite party no.2/husband is not present before

this Court.

I have perused the reasons so assigned by the learned

Sessions Court which was on the foundation that the present

petitioner/wife purposely did not decide to reside with the

husband/opposite party. I find that the same is contrary to the

records as the reasons so assigned by the wife was that the children

were admitted in a school in the locality which prevented her from

shifting her residence. The very fact that the learned Sessions

Court without overwhelming reasons decided to refuse any

maintenance to the wife is prima facie devoid of any substance and,

as such, interference of this Court is called for.

Accordingly, the order dated 21st January, 2012 passed

by the learned Additional Sessions Judge, 1st Court, Purulia in

Criminal Revision No.43 of 2007 is hereby set aside.

The learned Judicial Magistrate, 4th Court, Purulia is

directed to consider afresh the quantum of maintenance which is to

be awarded in view of the change of circumstances by passage of

time and the cost required for an individual to survive.

Accordingly, CRR 2075 of 2012 is allowed.

The learned Judicial Magistrate, 4th Court, Purulia is

directed to issue notice to both the parties and thereafter consider

the quantum of maintenance to be awarded within a period of four

weeks from the date of communication of this order. The learned

Magistrate is also directed that in case any quantum is decided by

way of arrear, proper instalments must be granted to the

husband/opposite party so that no unnecessary

harassment/hardship is created upon the opposite party.

Department is directed to communicate this order to the

learned Judicial Magistrate, 4th Court, Purulia forthwith preferably

within a period of seven days from date.

Pending application, if any, is consequently disposed of.

All parties, including the learned Magistrate, is directed

to act on the server copy of this order duly downloaded from the

official website of this Court.

(Tirthankar Ghosh, J.)