Moumitsa Das (Dutta) vs Prabir Das
2021 Latest Caselaw 5220 Cal

28.09.2021

SL. No...

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

CRR 1403 of 2011

Moumitsa Das (Dutta) Versus Prabir Das

In Re: An application under Section 401 of the Code of Criminal Procedure, 1973

The present revisional application has been preferred

against the judgment and order dated 06.10.2010 passed by

the learned Additional Chief Judicial Magistrate, Kalyani,

District Nadia In Misc. Case 237 of 2006 under Section

125(1) of the Code of Criminal Procedure, 1973.

Records reflected that the learned Magistrate by the

said order was pleased to allow the application under

Section 125 of the Code of Criminal Procedure and directed

that the opposite party /husband should pay a sum of

Rs.1000/- per month to the wife and Rs.1000/- per month

to the minor daughter, aggregating to a sum of Rs.2000/-

per month.

Having regard to the fact that the said award was

passed in the year 2010, I am of the view that the sum is of

very meagre amount and if any interference is made the

same may prejudice the opposite party. However, the

learned ACJM, Kalyani is directed to change the quantum of

maintenance if an appropriate application is preferred by

the petitioner keeping in mind the present cost of living

required for an individual to survive.

With the aforesaid observation CRR 1403 of 2011 is

disposed of.

Pending application, if any, is consequently disposed

of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)