Sri Jaydeb Giri @ Nantu Giri vs Smt. Purnima Giri
2022 Latest Caselaw 4543 Cal

 D/L64                                  C.R.R. 2553 of 2009
July 20,

In Re: An application under Section 482 of Code of Criminal Procedure, Bpg.

1973;

Sri Jaydeb Giri @ Nantu Giri Versus Smt. Purnima Giri

Md. Sabir Ahmed, Mr. Hillol Saha Poddar, Mr. Apan Saha.

...for the petitioner.

The revisional application was preferred challenging the

judgment dated 5th May, 2009.

I find that the learned Magistrate on appreciation of the

evidence which surfaced allowed the application under Section 125

of the Code of Criminal Procedure wherein direction was awarded

for maintenance of Rs.1600/- per month to be paid to the opposite

party (Rs.1,000/- per month to the wife and Rs.600/- per month to

the child).

The warrant of arrest, however, was stayed for a limited

period of time.

In view of the quantum which has been awarded, I am of

the opinion that no interference can be made regarding the

quantum as the structure of the cost index has completely changed

in the last 12 years. However, the petitioner would be at liberty to

bring to the notice of the court if there are absolute change of

circumstances by invoking the provisions of Section 127 of the Code

of Criminal Procedure.

With the aforesaid observations, CRR 2553 of 2009 is

disposed.

Pending application, if any, is 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.)