Gopal Prasad Saha vs State Of West Bengal & Anr
2023 Latest Caselaw 5926 Cal

IN THE HIGH COURT AT CALCUTTA 05-09-2023 Criminal Revisional Jurisdiction Chanchal Item no. 81 CRR 3218 of 2022 Ct no.34 Gopal Prasad Saha

-versus-

State of West Bengal & Anr.

Mr. Amit Roy ....for the petitioner.

Mr. Habibur Rahaman ...for the opposite party Nos. 1 & 2.

The revisional application was preferred challenging the

order dated 07.07.2022 passed by the learned Additional District &

Sessions Judge, 2nd Court, Islampur, Uttar Dinajpur in connection

with the Criminal Revision No. 02 of 2022 which arose out of

Maintenance Case No. 04 of 2017.

The grievance of the petitioner is that the opposite party/wife

has already married, as such she is not entitled to any

maintenance.

The learned advocate appearing for the petitioner submits

that he is paying maintenance of Rs.1,500/- per month to the wife

and Rs. 1,300/- per month maintenance to the daughter.

I have perused the order passed by the learned Judicial

Magistrate in M.R. 4 of 2017 as well as the judgment passed by the

learned Additional District & Sessions Judge, 2nd Court, Islampur,

Uttar Dinajpur in Criminal Revision No. 02 of 2022, which are

enclosure available with the records. None of the Courts have

referred to any material being produced before the trial court or the

revisional court that a document has been produced to

substantiate regarding second marriage of the opposite party/wife.

That being so, I am not inclined to accept the version.

Accordingly, the order impugned being 07.07.2022 passed by the

learned Additional District & Sessions Judge, 2nd Court, Islampur,

Uttar Dinajpur is not interfered with. However, if the petitioner

takes out an application under Section 127 of the Code of Criminal

Procedure producing materials in support of his contention before

the learned trial court, the trial court would consider the same in

accordance with law relating to the change of circumstances.

As there is no interference, the quantum decided by the

learned revisional court should be paid to the wife and minor

daughter until the Magistrate arrives at a fresh finding.

With the aforesaid observations, the present revisional

application being CRR 3218 of 2022 is disposed of.

Pending applications, if any, are consequently disposed of.

All concerned parties are to act in terms of a copy of this

order duly downloaded from the official website of this court.

[Tirthankar Ghosh, J]