Ahijit Mondal @ Avijit Mondl vs Sampa Mondal
2022 Latest Caselaw 6971 Cal

 D/L78                                  C.R.R.28 of 2021
26.09.2022

With Bpg.

CRAN 1 of 2021

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

Ahijit Mondal @ Avijit Mondl Versus Sampa Mondal

The revisional application has been preferred challenging

the judgment and order dated 24th September, 2020 passed by the

learned Additional District and Sessions Judge, 2nd Court, Lalbagh,

Murshidabad.

The subject matter of the revisional application relates to

judgment and order dated 19.12.2016 passed by the learned

Judicial Magistrate, Additional Court, Lalbagh in MR Case No.336

of 2012 filed by the wife under Section 125 of the Code of Criminal

Procedure. On an appreciation of evidence by each of the parties,

learned Magistrate was pleased to direct the present

petitioner/husband to pay a sum of Rs.1,000/- per month to the

wife for her minor son as maintenance allowance. Being aggrieved

by the said order, the wife preferred the revisional application before

the learned sessions court and the learned sessions court on re-

appreciation of evidence was pleased to hold that the wife is entitled

to get a sum of Rs.1500/- per month along with the minor son who

has already been receiving a sum of Rs.1,000/per month by the

learned Magistrate. By the same order, learned Court was pleased

to hold that the amount of maintenance allowance shall take effect

from 19.12.2016.

I have considered the materials appearing in the records

of the case and I find that the prayer for maintenance was made in

the year 2012. The same was decided by the learned trial court in

the year 2016 and by the revisional court in the year 2020.

Having regard to the quantum of Rs.1500/- per month to

the wife and Rs.1,000/- per month to the minor son, I am of the

opinion that the same are meagre amount for sustenance of

individuals and, as such, do not call for any interference.

Accordingly, the revisional application being CRR 28 of

2021 is dismissed.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)