Manowara Bibi @ Manoyara Bibi vs The State Of West Bengal & Anr
2023 Latest Caselaw 387 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                      C.R.R. 4389 of 2022
                Manowara Bibi @ Manoyara Bibi
                              Vs.
                The State of West Bengal & Anr.

For the petitioner     : Mr. N.G.Sarkar, Adv.
                         Mr. Devranjan Das, Adv.

Heard on               : 13.01.2023

Judgment On            : 13.01.2023.

Bibek Chaudhuri, J.

This is an application for a direction upon the Trial Court for

expeditious hearing of two Execution Cases being M.Ex. No.78 of

2018 and M. Ex. No.25 of 2019 arising out of Maintenance Case

No.573 of 2012 under Sections 125 of the Code of Criminal Procedure

pending before the learned Judicial Magistrate, 2 nd Court at Diamond

Harbour.

It is submitted on behalf of the petitioner the Trial Court passed

final order of maintenance vide order dated 21 st February, 2018

directing the opposite party/husband to pay maintenance at the rate

of Rs.1,500/- per month. However, the husband/opposite party failed

to make any maintenance as per order of the Trial Court to the

petitioner. This led the petitioner to file two execution cases as

mentioned above before the Trial Court. However, it is the allegation

of the petitioner that the Trial Court is not disposing of the execution

cases as yet and the opposite party/husband has been given time to

pay maintenance allowance one after another.

It is the duty of the Court to see that a destitute married lady

gets maintenance granted by the Trial Court itself within the

stipulated period of time. Execution proceeding is an extra-ordinary

proceeding and such proceeding should be disposed of at the earliest.

In view of the above observations, the learned Judicial

Magistrate, 2nd Court at Diamond Harbour is directed to dispose of the

above-mentioned two execution cases within three months from the

date of communication of this order.

The petitioner is at liberty to communicate server copy of this

order for information and compliance.

The instant revision is accordingly disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.16.

D/L.