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Calcutta High CourtCRR/354/2020dismissed for default

Rajib Sinha v. Deepa Sinha

2020-03-11Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No.354 of 2020 With CRAN 1 of 2021 (Via Video Conference) D/L 10 February 10, 2022 Bpg.

In Re: An application under Article 227 of the Constitution of India; Sri Rajib Sinha

Versus

Smt. Deepa Sinha Ms. Sohini Bhattacharyya.

...for the petitioner.

Learned advocate appearing for the petitioner submits that due to illness of a family member, learned advocate appearing for the petitioner could not take steps at the relevant point of time and, as such, the revisional application was dismissed for default. The grounds so assigned by the learned advocate are found to be just and reasonable.

Accordingly, the revisional application is restored to its original file and number.

Thus, CRAN 1 of 2021 is allowed.

The subject matter of challenge in the revisional application relates to the order dated 30th September, 2019 wherein an application under Section 127 of the Code of Criminal Procedure, the learned Principal Judge, Family Court, Calcutta was pleased to enhance the quantum of maintenance. On an appreciation of the evidence so produced before the court, the learned trial court was pleased to enhance the maintenance amount and awarded a sum of Rs.3,500/- per month to the wife and Rs.3,500/- per month to the

minor son with effect from September, 2019.

Having regard to the quantum which was awarded by the learned Principal Judge, Family Court, Calcutta and considering the present cost of living, I am of the opinion that the quantum so awarded after enhancement is in adherence to the principles of law so settled and, as such, no interference is called for. Accordingly, CRR 354 of 2020 is dismissed.

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.)