Shyamali Mondal (Raptan) vs Subhas Mondal & Anr
2022 Latest Caselaw 288 Cal

 D/L 22                              C.R.R. No.1265 of 2018
February 3,                          (Via Video Conference)

   Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Shyamali Mondal (Raptan) Versus Subhas Mondal & Anr.

Mr. Apurba Kumar Datta.

...for the petitioner.

Affidavit-of-service filed by the petitioner be kept with the

record.

I have perused the judgment and order passed by the

learned Judicial Magistrate (1st Class), 1st Additional Court,

Basirhat. The parameters considered by the learned Magistrate are

not acceptable to this Court for refusal of maintenance. This Court

could have detailed on the reasons, which are over there in the

judgment and order. However, as an abundant precaution this

Court restricts itself from commenting on the parameters or

yardstick so taken into account for refusing maintenance. The

factum of torture and demand of dowry and the reasons for not

staying with the husband are palpable on the face of the record.

Yet, the learned Magistrate has arrived at a conclusion that the lady

on her will was not residing with the husband. The reasons so

assigned should have been on the basis of foundation of the objects

and purpose for which Section 125 of the Code of Criminal

Procedure has been incorporated.

Accordingly, the judgment and order dated 25.01.2018

passed by the learned Magistrate (1st Class), 1st Additional Court,

Basirhat in connection with Misc. Case No.310 of 2006 (TR No.652

of 2006) is set aside.

Learned Magistrate will issue notice to both the parties

and fix date of hearing and re-appreciate the evidence for arriving at

his independent conclusion.

Accordingly, CRR 1265 of 2018 is allowed.

Connected application, if any, is consequently disposed

of.

The petitioner will be at liberty to draw the attention of

the jurisdictional court by producing the server copy of this order

for implementing the same in accordance with law.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)