Sudip Kumar Ghosh vs State Of West Bengal & Ors
2022 Latest Caselaw 5216 Cal

08.08. 2022 item No.50 n.b.

ct. no. 34 CRR 2155 of 2009 IA No. CRAN 1 of 2009 (Old No. CRAN 3134 of 2012)

Sudip Kumar Ghosh Vs.

State of West Bengal & Ors.

Mr. Dipayan Das .....for the Petitioner

The revisional application was preferred against the

judgment and order dated 08.4.2009 passed by the Learned

Judicial Magistrate, 1st Class, 5th Court, Barrackpore, North

24 Parganas in M-Case No.185 of 2005( T.R.No.511 of 2005).

By the said Judgment and order, the Learned Trial

Court was pleased to order maintenance @Rs.800/- per month

to each i.e. the petitioner and the minor child aggregating to

sum of Rs.1600/- per month with effect from the date of filing

of the application on 19.5.2005. At the stage of admission of

the revisional application, a Co-ordinate bench of this Court by

an order dated 1.7.2009 was pleased to direct the petitioner to

pay a sum of Rs.1200/- per month to the wife/opposite party

as well as to the minor son. More than thirteen years have

passed since then and there has been no steps taken for the

revisional application to be heard out on merits.

Having regard to the quantum which was imposed by

the Learned Judicial Magistrate which is Rs.1600/- per month

and the fact there has been complete change of circumstances

so far as the cost of price index is concerned, I am not inclined

to interfere with the order dated 8.4.2009 passed by the

Judicial Magistrate, 1st Class, 5th Court, Barrackpore.

Accordingly, CRR 2155 of 2009 is dismissed.

All pending connected applications, if any, are

consequently disposed of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)