Poulami Barua vs Subhrajit Das @ Bappa @ Subho
2022 Latest Caselaw 3592 Cal

Form J(2)            IN THE HIGH COURT AT CALCUTTA
                        Criminal Revisional Jurisdiction
                                  Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                            C.R.R. 2021 of 2022

                              Poulami Barua
                                   Vs.
                     Subhrajit Das @ Bappa @ Subho.

For the petitioner          :   Mr. Dhananjay Banerjee, Adv.
                                Ms. Oindrila Ghosh, Adv.

Heard on                    : 27.06.2022

Judgment On                 : 27.06.2022.

Bibek Chaudhuri, J.

This is an application under Section 483 of the Code of Criminal

Procedure praying for expeditious hearing of MEX Case No.54 of 2020

pending before the learned Judicial Magistrate, 1 st Court at

Barrackpore. It is submitted by the learned Advocate for the

petitioner that the opposite party/husband was directed to pay

maintenance @ Rs.20,000/- per month in a proceeding under Section

125 of the Code of Criminal Procedure. As the opposite party failed

and neglected to pay monthly maintenance allowance to the

petitioner, she filed MEX Case No.54 of 2020 for recovery of

maintenance amount for the period between December, 2019 and

October, 2020 amounting to Rs.2,00,000/-. On 26 th June, 2021, the

opposite party entered appearance in the execution case and paid a

sum of Rs.50,000/-. Thereafter he has not paid any amount and MEX

Case No.54 of 2020 remains pending for days together.

It is also submitted by the learned Advocate for the petitioner

that the petitioner has no source of income. It is almost impossible to

maintain herself without any maintenance allowance at the rate of

Rs.20,000/- per month.

The instant MEX Case No.54 of 2020 is disposed of directing

the learned Judicial Magistrate, 1st Court at Barrackpore to dispose of

MEX Case No.54 of 2020 positively within 3 months from the date of

communication of this order.

If the opposite party failed and neglected to pay arrear

maintenance for which the execution case is filed, the learned

Magistrate is at liberty to take coercive step against the opposite

party.

The petitioner is at liberty to communicate server copy of this

order to the learned Judicial Magistrate, 1st Court, Barrackpore for

information and compliance.

The instant criminal revision, is, thus, disposed of.

(Bibek Chaudhuri, J.)