Naresh Rathi vs Lalita Rathi & Anr
2022 Latest Caselaw 2808 Cal

12.05.2022 IN THE HIGH COURT AT CALCUTTA Item No.32 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3759 of 2017

Naresh Rathi versus Lalita Rathi & Anr.

In Re: An Application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973.

The present revisional application has been preferred

challenging the judgment and order dated 12.10.2017 passed

by learned Additional Principal Judge, Family Court, Calcutta

in Misc. Case No. 78 of 2015 under Section 125 of the Code

of Criminal Procedure.

The learned Family Court was pleased to award

maintenance of Rs.35,000/- per month to the wife/opposite

party no.1 herein from the date of filing of the application i.e.

07.09.2015. The foundation of fixing such quantum was on

the basis of evidence of the husband/petitioner wherein he

admitted that he was earning a sum of Rs.1,00,000/- per

month by working as Deputy General Manager at J.M.S.

Mining Services Private Limited at New Town, Rajarhat.

I do not find that the fixation of the quantum by the

learned court was contrary to the settled principles of law. As

such, there is no scope for interference in the order under

challenge.

Accordingly, the revisional application being CRR 3759

of 2017 is dismissed.

Interim order, if any, is hereby vacated.

All pending connected applications, if any, are

consequently disposed of.

However, if there are change of circumstances, the

petitioner would be at liberty to invoke the relevant provisions

of law for bringing the same to the notice of the learned

Family Court.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Tirthankar Ghosh, J.)