Morjem Hossain vs Marina Bibi & Anr
2021 Latest Caselaw 4779 Cal

                                        (Through video conference)




04   13.09.2021

CRR 266 of 2010 Dd

In the matter of : Morjem Hossain Vs Marina Bibi & Anr.

The criminal revision is listed today for hearing as

contested application. On repeated calls, counsel for the petitioner

and the opposite party members are not found available.

The case was earlier adjourned on 09.09.2021 for

extending accommodation to the petitioner and the opposite

parties. But, today none appears for them.

The application under Section 401 of the Criminal

Procedure Code has been directed against Execution Case No. 126

of 2009 of the 1st Court of Learned Judicial Magistrate, Jangipur,

Murshidabad arising out of M.R. Case No. 168 of 2003 of the same

Court.

The contention of the petitioner, as it appears from the

application for criminal revision is that Opposite Party no.1/wife

had filed an application under Section 125 of the Criminal

Procedure Code praying for maintenance for herself and her minor

daughter from the present petitioner/husband in MR. Case no.

168 of 2003. Learned Magistrate by a judgment and order dated

19.10.2006 allowed the application under Section 125 of Cr.P.C.

in favour of the dependant wife and daughter and granted a

monthly maintenance of Rs. 1,500/- to the opposite party/wife

and Rs. 1,200/- to the minor daughter and the arrear

maintenance was allowed to be paid in equal instalments of

Rs.100/- per month. The petitioner has further contended that

the Magistrate granted maintenance in favour of the opposite

party/wife and her child without appreciating the fact that the

opposite party/wife had her own earnings and also failed to

consider the earning of the husband. Furthermore, petitioner was

willing to take back his wife and live with her but the wife denied

to return and she also filed a case under Section 498A of the

Cr.P.C. against him after leaving her matrimonial home

voluntarily. She also filed an Execution Case against the present

petitioner/husband for arrear maintenance of Rs.30,800/-.

According to the present petitioner, opposite party no. 1 had

reached an amicable settlement with the husband and had

returned to his house but after sometime she again left and filed

this application for execution.

The petitioner herein has prayed for setting aside the

impugned order passed in MR Case 168 of 2003/T.R. No. 39 of

2004 and Execution Proceeding No. 126 of 2009 arising out of the

judgment.

Perused the application for revision, the impugned

judgment, materials in the case record and the notice in

connection with Execution Case No. 126 of 2009. The application

for criminal revision has been filed on 1.2.2010 and the judgment

in M.R. Case No. 168 of 2003 appears to have been passed on

19.10.2006 in contesting form. There is no scope for examining

the merits of the judgment passed in the misc. case after lapse of

so many years. No order has been passed in Execution Case

relating to the recovery of arrear maintenance of Rs. 30,800/-

now pending before Judicial Magistrate, 1 st Court, Jangipur. I find

no merit in the present criminal revision challenging the

judgement and order and the initiation of the maintenance case

arising out of M.R. Case No. 168 of 2003. Hence, the criminal

revision misc. case is dismissed ex parte on its merit.

Learned Magistrate is at liberty to dispose of the criminal

Execution Case No. 126 of 2009, if the same is still pending. In

the Criminal Revision order of stay granted for twelve weeks as

per order dated 3.2.2010 has automatically vacated with passage

of time.

Let a copy of this order be sent to learned First Court of

Judicial Magistrate, Jangipur, District Murshidabad for information

in Execution Case No. 126 of 2009.

(Ananda Kumar Mukherjee, J)