Anita Das vs Unknown
2021 Latest Caselaw 5033 Cal

24.09.2021

Somnath (PA) IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE (Through Video Conference)

CRR 3226 of 2012

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

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

Mr. Abhijit Kumar Adhya ... for the petitioner.

The revisional application was preferred challenging

the order dated 02.07.2012 passed by the Learned

Additional District and Sessions Judge, 5th Court, Howrah

in Criminal Appeal No. 13 of 2010 wherein the Learned

Revisional Court was pleased to set aside the order passed

by the Learned Judicial Magistrate, 1st Court, Howrah in

Miscellaneous Case No. 312 of 2001 under Section 125 of

the Code of Criminal Procedure. The learned Magistrate on

an appreciation of the evidence was pleased to award

maintenance of Rs. 1,200/- per month by a judgment and

order date 31.08.2009.

The husband/opposite party being aggrieved preferred

the revisional application before the Learned Sessions

Judge. The learned Additional District and Sessions Judge,

5th Court, Howrah by its order dated 02.07.2012 was

pleased to set aside the order dated 31.08.2009 passed by

the Learned Judicial Magistrate, 1st Court, Howrah. The

Learned Revisional, Court while arriving at its conclusion,

relied upon certain documents holding that the wife was

leading an adulterous life. It is very difficult to understand

according to the Criminal Rules and Orders Ext.1 is to be

marked in respect of a document which is produced in

support of the prosecution case.

The Learned Sessions Court while deciding the

revisional application should have approached in a cautious

manner before arriving at such finding and then set aside

the order of maintenance. The record of the revisional

application reflects that a Co-ordinate Bench of this Court

while admitting the revisional application on 12.09.2012

was pleased to direct the opposite party/husband to pay at

the rate of Rs. 1,200/- per month until further orders of the

High Court.

Having regard to the cumulative circumstances

reflected in the order of the Learned Magistrate, I am of the

view that the order of the Learned Sessions Judge is not

maintainable in law. Accordingly, the same is set aside.

Consequently, CRR 3226 of 2012 is allowed.

Pending application, if any, is disposed of.

Interim order is made absolute, as such the opposite

party/husband will continue the payment of Rs. 1,200/-

until a satisfaction is recorded by the learned Magistrate in

an application under the relevant provisions of law for

altering such amount.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)