Raja Mondal vs Piyali Mondal
2023 Latest Caselaw 4128 Cal

July 5, 2023 AD - 116 Ct. 34 SG CRR 3345 of 2022 with CRAN 1 of 2023

Raja Mondal

-versus-

Piyali Mondal

Mr. Krishnapada Pal ... for the petitioner.

The revisional application has been preferred

challenging the judgment and order dated 23.06.2022

passed by the learned Judicial Magistrate, 4th Court,

Howrah in MR Case No.438 of 2008.

Learned advocate for the petitioner submits that an

aggregate sum of `20,000/- was directed to be paid

towards maintenance of the applicant/wife and the

daughter.

The grievance of the petitioner is that he had been

paying maintenance amounting to the tune of `8,000/- per

month at the time of disposal of the application.

It was directed by the learned court to pay arrears

from the date of filing of the application. It has been

admitted by the present petitioner that presently his salary

is around `59,000/-. However, at the time of the

application under Section 125 Cr.P.C. a document was filed

where his salary was shown around `25,000/-.

Be that as it may the appeal be heard out on merits

and distress warrant of arrest which was issued against the

petitioner be stayed.

Considering the totality of the circumstances, I direct

that the petitioner would go on paying the aggregate sum of

`20,000/- as directed above by the learned Judicial

Magistrate, 4th Court, Howrah on and from 23rd June,

2022.

Any arrears prior to the said order is stayed till

further orders of this Court.

Petitioner is directed to serve a copy of the revisional

application upon the opposite party by speed post with A/D

and file affidavit of service on the next date fixed for

hearing.

List the revisional application under the heading

"Contested Application" on 21st September, 2023.

The execution of the distress warrant of arrest be

stayed provided the petitioner complies with the order as

has been stated above.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Tirthankar Ghosh, J. )