Manas Muherjee@Manas Kumar Mukherjee v. Mousumi Mukherjee & ANR

C.R.R.219 of 2010 With CRAN 1 of 2010 (Old CRAN 1824 of 2010) D/L24 July 7, Bpg.

In Re: An application under Section 397 and 401 read with Section 482 of Code of Criminal Procedure, 1973;

Manas Mukherjee @ Manas Kumar Mukherjee

Versus

Mousumi Mukherjee and another The present revisional application has been preferred challenging the judgment and order dated 22.12.2009 passed by the learned ACJM, Asansol at Burdwan in connection with Misc. Case No.34 of 2004 under Section 127 of the Code of Criminal Procedure.

Records reflect that the learned Magistrate enhanced the maintenance amount to a sum of Rs.8,000/- per month for the wife and another sum of Rs.8,000/- per month for daughter aggregating to a sum of Rs.16,000/- per month which was to be paid from the date of the order. While enhancing such award of maintenance under Section 127 of the Code of Criminal Procedure, the learned court was satisfied regarding the earning of the petitioner and also expressed his subjective satisfaction in respect of the documents relied upon by the wife. After appreciation of such materials, the court arrived at a finding of Rs.16,000/- per month in aggregate to be awarded to the opposite party/wife and the daughter. In view of the manner in which the learned Magistrate has scrutinised the evidence, I am of the opinion that no interference is called for in the present revisional application.

Accordingly, CRR 219 of 2010 is dismissed.

Pending application being CRAN 1 of 2010 (Old CRAN 1824 of 2010) is consequently dismissed.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)