Manas Mukherjee @ Manas Kumar ... vs Mousumi Mukherjee And Another
2022 Latest Caselaw 4062 Cal

 D/L24                               C.R.R.219 of 2010
July 7,                                    With

                          CRAN 1 of 2010 (Old CRAN 1824 of 2010)
    Bpg.

In Re: An application under Section 397 and 401 read with Section 482 of Code of Criminal Procedure, 1973;

Manas Mukherjee @ Manas Kumar Mukherjee Versus Mousumi Mukherjee and another

The present revisional application has been preferred

challenging the judgment and order dated 22.12.2009 passed by

the learned ACJM, Asansol at Burdwan in connection with Misc.

Case No.34 of 2004 under Section 127 of the Code of Criminal

Procedure.

Records reflect that the learned Magistrate enhanced the

maintenance amount to a sum of Rs.8,000/- per month for the wife

and another sum of Rs.8,000/- per month for daughter aggregating

to a sum of Rs.16,000/- per month which was to be paid from the

date of the order. While enhancing such award of maintenance

under Section 127 of the Code of Criminal Procedure, the learned

court was satisfied regarding the earning of the petitioner and also

expressed his subjective satisfaction in respect of the documents

relied upon by the wife. After appreciation of such materials, the

court arrived at a finding of Rs.16,000/- per month in aggregate to

be awarded to the opposite party/wife and the daughter.

In view of the manner in which the learned Magistrate

has scrutinised the evidence, I am of the opinion that no

interference is called for in the present revisional application.

Accordingly, CRR 219 of 2010 is dismissed.

Pending application being CRAN 1 of 2010 (Old CRAN

1824 of 2010) is consequently dismissed.

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.)