Smt. Dulu Rani Samanta & Anr vs Amal Kumar Samanta
2022 Latest Caselaw 2834 Cal

13.05.2022 IN THE HIGH COURT AT CALCUTTA Item No.50 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1162 of 2013

Smt. Dulu Rani Samanta & Anr.

versus Amal Kumar Samanta

In Re: An Application under Sections 401 and 482 of the Code of Criminal Procedure.

Mr. Amal Krishna Samanta ... For the Petitioners.

The present revisional application has been preferred in

respect of the judgment and order dated 14.09.2012 passed

by learned Additional District and Sessions Judge, Fast

Track, 1st Court, Haldia, Purba Medinipur in connection with

Criminal Revision No. 1161 of 2011.

The original case was an application under Section 125

of the Code of Criminal Procedure which was preferred at the

instance of the present petitioners being Misc. Case No. 154

of 2009. The impugned order reflects that the learned

sessions court was pleased to direct the husband to pay a

sum of Rs.800/- per month to the wife and Rs.400/- per

month to the minor daughter.

I find from the order of the learned Judicial Magistrate,

1st Class, Haldia that the learned Magistrate after considering

the evidence was pleased to award Rs.1200/- per month to

the wife and Rs.800/- per month to the minor daughter.

I do not find any reason which has been assigned by

the learned sessions court while exercising its revisional

power in reducing the quantum of maintenance. Accordingly,

the said order dated 14.09.2012 is hereby set aside.

The husband/opposite party is directed to pay a sum of

Rs.1200/- per month to the wife/petitioner no.1 and

Rs.800/- per month to the minor daughter/petitioner no.2

from the date of the application as was directed by the

learned Judicial Magistrate, 1st Class, Haldia on 24.06.2011.

In view of the observations made above, I direct the

learned Judicial Magistrate, 1st Class, Haldia to issue

appropriate notices to the parties for recovery of any arrears

or execution of the order of this Court.

With the aforesaid observations, the revisional

application being CRR 1162 of 2013 is disposed of.

Interim order, if any, is hereby vacated.

All pending connected applications, if any, are

consequently disposed of.

Department is directed to communicate this order to

the learned Judicial Magistrate, 1st Class, Haldia, Purba

Medinipur.

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.)