Samarjeet Sarkar v. Sushama Sarkar

C.R.R. No.83 of 2013 (Via Video Conference) D/L50.

July 29, Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Samarjeet Sarkar. ...petitioner. Mr. Rabi Sankar Chattopadhyay, Mr. Uday Sankar Chattopadhyay, Ms. Snigdha Saha, Mr. Santanu Maji, Mr. Pronay Basak.

...for the petitioner.

The present revisional application has been preferred against the judgment and order passed by the learned Sessions Judge, Jalpaiguri in Criminal Revision No.31 of 2011 wherein the learned revisional court was pleased to affirm the order dated 30.04.2011 passed by the learned Chief Judicial Magistrate, Jalpaiguri.

The records of the revisional application reflect that a coordinate Bench of this Court by an order dated 08.02.2013 was pleased to modify the quantum of interim maintenance and directed the petitioner to pay maintenance at the rate of R.1,000/- to the wife and the two daughters each (aggregating Rs.3,000/ per month). Having regard to the fact that the revisional application has been pending for more than eight years and the quantum so considered by the co-ordinate Bench after assessing the pension which was being received by the petitioner, I am of the view that no further modification of the consideration in respect of the quantum

is required to be made. As such, the interim order dated 08.02.2013 is made absolute.

The revisional application being CRR 83 of 2013 is partly allowed.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)