Dhirti Chatterjee Represented By Her Mother Rituparna Chatterjee Nee Chakraborty v. Sudipto Chatterjee

18.11.2025 Sl. no. 22 Ct. No. 42 P.M.

CRR 423 OF 2025 + CRAN 1 of 2025 Dhirti Chatterjee - Vs - Sri Sudipto Chatterjee Mr. Debasis Mitra, Ms. Priya Chakraborty, Mr. Subhajyoti Sain .... For the petitioner Mr. Biswarup Biswas, Ms. Atreyee De ... for the opposite party.

CRAN 1 of 2025 1.

This is an application for condonation of delay. 2.

Learned counsel for the petitioner submits that there is a delay of around 36 days.

3.

Learned counsel submits that delay took place on account of inadvertent error and there was no deliberate act on the part of the petitioner. 4.

Learned counsel for the opposite party has graciously stated that appropriate order may be passed.

5.

Learned counsel for the opposite party has opposed the application and submits that there are no averments in the affidavit for the condonation of delay.

6.

The Court has considered the submissions. The delay is around 36 days.

7.

In view of the submissions made the delay is condoned.

8.

CRAN 1 of 2025 stands disposed of.

CRR 423 of 2025 9.

Present petition has been filed for modification of the interim maintenance order dated 4th July, 2024 under Section 125(2) of the Code of Criminal Procedure.

10.

Learned counsel submits that interim order has been granted from the date of the order and not from the date of order of the application.

11.

The Court considers that the present petition has been filed in learned Judicial Magistrate, Bishnupur, Bankura is still fixed the matter and maintenance petition is yet to be adjudicated the petitioner may raise all contentions before the learned Trial Court including the prayer for grant of maintenance from the date of application. Since the petition for maintenance is still pending before the learned Magistrate present petition is disposed of with direction to the learned Judicial Magistrate Bishnupur to decide the maintenance application

expeditiously without being influenced by the disposal of the present petition.

(Dinesh Kumar Sharma, J.)