Sk. Rakibul v. Afsana Bibi

13.02.2024 Serial no. 74 [G.S.D] CRR 529 of 2024 In the matter of : Sk. Rakibul ... ... Petitioner Mr. P. K. Kundu ... for the Petitioner Mr. Apalak Basu Mr. Nazir Ahmed Ms. Sanghamitra Mirdha ... for the OP The petitioner is aggrieved by the order of interim maintenance which was passed by the ld. JM, 7th Court, Alipore in connection with ACM 325 of 2021 which is a proceedings under section 125 of the cr.p.c.

The petitioner being aggrieved also approached the ld. Sessions Court in Criminal Motion No. 480 of 2023 of 2023. The ld. Sessions Court by an order dated 9.1.2024 refused to interfere with the order of interim maintenance of Rs.5,000/-.

The subject matter of his challenge is the interim maintenance which is an arrangement during the pendency of the impugned proceedings under section 125 of the cr.p.c. The order sheets reflect that date has been fixed for evidence.

Having considered the fact that the maintenance was by way of interim measure during the pendency of the main proceedings and the learned two courts have considered the same, I am not inclined to interfere with the quantum so awarded by the ld. courts below being the ld. trial court and ld. Revisional Court.

However, the petitioner would be at liberty to adduce his defence and/or rely upon the documents so show his earning.

In case petitioner adheres to his contention that the amount is excessive for him to pay, in that case, the ld. Magistrate would consider the same at the final hearing of the proceedings and will arrive at his own conclusions. With the aforesaid observations, CRR 529 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.)