Rita Biswas vs The State Of West Bengal & Anr
2022 Latest Caselaw 4958 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                        C.R.R. 1805 of 2022

                             Rita Biswas
                                 Vs.
                   The State of West Bengal & Anr.

For the petitioner      : Ms. Soma Kar Ghosh, Adv.
                          Mr. Arabinda Pathak, Adv.

Heard on                : 01.08.2022

Judgment On             : 01.08.2022.


Bibek Chaudhuri, J.

In the instant criminal revision, it is alleged by the petitioner

that private opposite party No.2 being her husband is a habitual

defaulter in payment of maintenance allowance in favour of her at the

rate of Rs.3,000/- per month, the deviation being Rs.1,500/- for

herself and rest of Rs.1,500/- for the minor daughter of the parties.

It would not be out of place to mention that upon an

application under Section 125 of the Code of Criminal Procedure, Trial

Court passed an order dated 30 th January, 2018 directing the opposite

party No.2, husband to pay maintenance at the rate of Rs.3,000/-

per month in favour of the petitioner for herself and her minor

daughter. The opposite party, however, did not pay a single furthing

till date. The petitioner was compelled to file numbers of execution

cases. The opposite party did not appear in these execution cases.

He successfully evaded notice of the execution cases and thereby

depriving the petitioner from getting minimum maintenance allowance

for her and her daughter sustenance.

The instant revision is disposed of directing the Executing

Magistrate to ensure appearance of the opposite party within one

month from the date of communication of the order, if necessary,

taking assistance of the police authority. After appearance of the

opposite party, the learned Magistrate shall dispose of the pending

execution cases within one month from the date of appearance of the

opposite party.

The petitioner is at liberty to communicate this order obtaining

server copy of the same.

The instant revision, is, thus, disposed of with the above

order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.109.

D/L.