Sabana Azmi vs Abdul Matin & Anr
2022 Latest Caselaw 582 Cal

15.02. 2022 item No.63 n.b.

ct. no. 34

(via video conference) CRR 2920 of 2018

Sabana Azmi Vs.

Abdul Matin & Anr.

This revisional application has been preferred in

connection with Misc. Case No.255 of 2012 (T.R. No.107/13)

wherein the Learned Judicial Magistrate, Kandi by its judgment

and order dated 16.04.2018 was pleased to award maintenance of

Rs.10,000/- per month to the petitioner/wife and Rs.5,000/- per

month to the minor son aggregating to Rs.15,000/- per month with

effect from 16.04.2018.

One of the contentions which has been advanced before

this Court is that the petitioner/wife did not get any interim

maintenance during the pendency of the application under Section

125 of the Code of Criminal Procedure.

Having regard to the said contentions, I direct the Learned

Judicial Magistrate, Kandi to reconsider the date from which the

award for maintenance is to be effected. As no interim

maintenance was awarded and the case started in the year 2012. I

direct that the Learned Judicial Magistrate, Kandi, Murshidabad

will give effect to the order dated 06.04.2018 from the date of filing

of the application under Section 125 of the Code of Criminal

Procedure.

Accordingly, the part of the order which directs the award

of maintenance to be effected from 16.04.2018 is set aside.

Thus, CRR 2920 of 2018 is partly allowed.

Learned Magistrate would reconsider the limited part

within the one month from the date of the order for which the issue

has been remitted.

Department is directed to communicate this order to the

Learned Judicial Magistrate, Kandi, Murshidabad within a week

from the date of this order.

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

downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)