Calcutta High Court (Appellete Side)
Ashit Kumar Panja vs Unknown on 22 August, 2022
1
22.8.2022
Ct-42
P.Jana CRR 495 of 2022
In re: An application under Section 482 read with Section 401 of
the Code of Criminal Procedure;
-And-
In the matter of : Ashit Kumar Panja,
...Petitioner.
Mr. Ashit Kumar Panja,
...Petitioner-in-person.
The petitioner is the ex-husband of the wife-opposite
party no. 1.
The marriage between the parties have been dissolved
by a mutually decree of divorce passed in Matrimonial Suit
No. 502 of 2001 on June 30, 2005 by the learned Additional
District Judge, 6th Court at Midnapore (West).
Prior to the aforesaid date of dissolution of marriage,
the opposite party no. 1 filed an application under Section
125 of the Code of Criminal Procedure praying for
maintenance allowance for herself and her minor daughter.
The learned Magistrate allowed the said application by
granting maintenance in favour of the petitioner and the
minor daughter of the parties.
The present petitioner, being the opposite party in the
said maintenance case challenged the judgment passed by
the learned Magistrate by filing a criminal revision before the
learned Assistant Sessions Judge at Hooghly.
The said revision was disposed of by the learned
Additional Sessions Judge, 2nd Court at Hooghly by an order
dated August 20, 2003 directing the present petitioner to pay
maintenance @ Rs. 1000/- per month to the opposite party
no. 1 and @ Rs. 750/- per month to the younger daughter of
the parties.
It is further contended by the petitioner/husband that
he subsequently preferred an application under Section 127
of the Code of Criminal Procedure with appropriate relief
stating inter alia that the divorced wife of the petitioner is
not entitled to get any maintenance from the petitioner and
their daughter is also not entitled to get any maintenance as
she in the meantime attained majority and has been given
marriage.
The said application under Section 127 of the Code of
Criminal Procedure was disposed of by the learned Judicial
Magistrate, 3rd Court at Serampore by an order dated
February 22, 2014 in Misc. Case No. 22 of 2011.
The learned Judicial Magistrate, 3rd Court at
Serampore disposed of the said application under Section
127 of the Code of Criminal Procedure holding inter alia that
the opposite party/divorced wife and her daughter are not
entitled to get any maintenance.
Under this backdrop, the petitioner has challenged the
maintainability of the Misc. Execution Case No. 49 of 2010
and Misc. Execution Case No. 29 of 2006 under the
provision of Section 482 of the Code of Criminal Procedure.
The petitioner has appeared in person. The opposite
party no. 1/wife remains unrepresented.
I have perused the order dated February 26, 2014
passed by the learned Judicial Magistrate, 3rd Court at
Serampore in Misc. Case No. 22 of 2011 arising out of an
application under Section 127 of the Code of Criminal
Procedure filed by the present petitioner.
The said proceeding was disposed of holding, inter
alia, that the petitioner is not obliged to pay any
maintenance allowance to the opposite party for herself and
her daughter.
The aforesaid order dated February 26, 2014 have
reached its finality.
In view of such circumstances, the learned Judicial
Magistrate, 3rd Court at Serampore is under obligation to
consider as to whether the Misc. Execution Case No. 29 of
2006 and Misc. Execution Case No. 49 of 2010 are at
maintainable or not.
In view of such circumstances, the instant revision is
disposed of by giving liberty to the petitioner to file an
appropriate application before the learned Judicial
Magistrate, 3rd Court at Serampore, Hooghly challenging the
maintainability of the aforesaid two misc. execution cases. If
such application is filed by the petitioner, the learned
Judicial Magistrate, 3rd Court at Serampore, Hooghly, shall
dispose of the said application within four weeks from the
date of receipt of such application by passing a reasoned
order.
The instant revision is accordingly disposed of with the
above directions.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
(Bibek Chaudhuri, J.)
