← Library
Calcutta High CourtCRR/67/2024disposed

Sabina Yeasmin v. Nasim Layek

2024-03-07Hon'Ble Justice Tirthankar Ghosh2 pages

07.03.2024 Serial no. 110 [G.S.D] CRR 67 of 2024 In the matter of : Sabina Yeasmin ... ... Petitioner Mr. Bitasok Banerjee ... for the Petitioner Affidavit of service so filed be kept with the record. The revisional application was preferred challenging the order dated 11.10.2023 passed by the ld. JM, 2nd Court, Chinsurah, Hooghly in Misc. Case No. 156 of 2021, which is a proceeding under section 125 of the cr.p.c., wherein the ld. Magistrate was pleased to award interim maintenance to the tune of Rs.1,000/- per month.

Mr. Banerjee, ld. Advocate for the petitioner, draws the attention of the court to the foundation of the order for arriving at such a meager sum of quantum being awarded. Having regard to the affidavit which has been filed and wherein the husband has declared himself to be a car driver, I am of the view that even if such fact is accepted to be true, the quantum of Rs.1,000/- per month as interim maintenance, is not commensurate.

Accordingly, the petitioner/wife should be awarded with maintenance of Rs.3,000/- per month which is to be

paid in the mode and manner as has been directed in the order dated 11.10.2023 by the ld. JM, 2nd Court, Chinsurah, Hooghly.

The ld. Trial court is further directed to expedite the progress of the trial of the case by fixing at least one date in a month so that the trial of the case can be completed within a reasonable period of time.

With the aforesaid observations, CRR 67 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)