CRR/236/2010
2021 Latest Caselaw 5082 Cal

27.09.2021 tkm/ct 29 sl no. 4 C.R.R. No. 236 of 2010 (Via video conference)

In Re : Md. Ganiul Islam Khan .....petitioner

The criminal revision under sections 397/401/482 Cr.P.C is

listed today for hearing as well as compliance of the earlier order.

On call, none appears for the petitioner and OP no.1 and 2.

The revisional application has been directed against the

judgment and order dated 31.8.2009 passed by the learned District

and Sessions Judge, FTC, 6th Court, Malda in criminal revision no.

22 of 2009 dismissing the revisional application filed by the

petitioner against the judgment and order dated 20.3.2009 passed

by the Judicial Magistrate 2nd Court, Malda in Case no. 259 of

2005.

As it appears from the impugned judgment and order as well

as the application for revision, admittedly, OP no. 1 is the married

wife of the petitioner who lives separately from her husband and

maintains her minor son all by herself. A civil suit filed by the

petitioner for restitution of conjugal rights was dismissed. The wife

thereafter prayed for maintenance against the present petitioner

and the learned Judicial Magistrate 2nd Court Malda directed the

husband to pay a maintenance of Rs. 700/- per month to his wife

and Rs. 600/- per month to the minor son from the date of passing

of the order.

This order was challenged in the revision before the court of

Additional District and Sessions Judge, FTC 6th Court, Malda. After

considering the materials, the impugned order was passed by the

Additional Sessions Judge affirming the order of the magistrate.

I have considered the materials on record and the impugned

judgment against which this revision has been filed. It is the duty

of the husband to maintain his wife and minor child who are

unable to maintain themselves. The amount of maintenance to be

paid to the OP/wife does not appear to be excessive.

Under such circumstances, I find no illegality or impropriety

in the impugned order.

The Criminal revision is, therefore, dismissed on merit.

Let copy of this order be sent to the learned Additional

District & Sessions Judge, Fast Track 6th Court, Malda for

information.

Urgent photostat certified copy of this order be given to the

parties upon compliance of requisite formalities.

(Ananda Kumar Mukherjee, J.)