Mita Pal vs Ashok Pal And Another
2023 Latest Caselaw 2328 Cal

05.04.2023 Item No.08.

Suman Ct.42

CRR 3394 of 2022

Mita Pal Vs.

Ashok Pal and Another

Mr. Supratick Syamal Ms. S. Dutta ..for the petitioner

The petitioner/wife has approached this Court

against the order dated 20th July, 2022 passed by the

learned Additional Sessions Judge 1 st Court, Katwa in

Criminal Revision No. 7 of 2022 setting aside the

judgment dated 22nd September, 2021 passed by the

learned Judicial Magistrate, 2nd Court at Katwa granting

interim maintenance to the petitioner at the rate of

Rs.7,500/- per month.

Learned advocate for the petitioner straightway

takes me to the relevant part of the judgment passed

by the learned Additional Sessions Judge, 1 st Court at

Katwa in Criminal Revision No.7 of 2022. The learned

Judge held that the petitioner had sufficient landed

property wherefrom she earns more than Rs.10,000/-

per month. Therefore, she does not need any

maintenance and accordingly the order passed by the

learned Judicial Magistrate, 2nd Court, Katwa in Misc.

Case No. 34 of 2020 was set aside.

It is frankly submitted by the learned advocate for

the petitioner that during their happy days the opposite

party/husband of the petitioner purchased certain

landed property in the name of his wife. However, the

said agricultural land is in actual possession of the

opposite party/husband. The petitioner does not derive

any usufructs from the said agricultural land. The

learned Judge in the revisional Court without

considering the said fact straightway rejected the

application for interim maintenance by setting aside the

order passed by the learned Judicial Magistrate, 2 nd

Court, Katwa in Misc. Case No.34 of 2020.

This Court is of the view that the petitioner has

been able to make out an arguable case.

The instant revision is admitted.

The petitioner is directed to serve notice upon the

private opposite party under registered speed post with

A/D and file affidavit of service within three weeks from

the date of this order.

In the meantime, the opposite party is directed to

pay maintenance allowance to the petitioner at the rate

of Rs.5,000/- per month without prejudice to the rights

and contentions that may be raised by both the parties

at the time of final hearing of the instant revision.

(Bibek Chaudhuri, J.)