Calcutta High CourtCRR/333/2021disposed

Mamtaz Bibi v. Selim Khan

2022-06-17Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No.333 of 2021 With CRAN 1 of 2021 D/L23 June 17, Bpg.

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

Mamtaz Bibi

Versus

Selim Khan Mr. Priyanjit Kundu, Ms. Snigdha Saha ...for the petitioner.

In Re: CRAN 1 of 2021 Affidavit of service so filed be kept with the record. Learned advocate appearing for the petitioner prays for condonation of delay of 895 days in preferring this revisional application.

The reasons so assigned in the application for condonation of delay are found to be just and sufficient. Accordingly, delay is condoned. The application being CRAN 1 of 2021 is, thus, allowed.

I find that in connection with Misc. Case No.699 of 2002 the learned Judicial Magistrate, 3rd Court, Alipore was pleased to award maintenance of Rs.1400/- per month and directed the opposite party/husband to pay the said sum of money from the date of filing of the application, that is, 10.10.2002. The learned Sessions Court in its revisional jurisdiction retained such quantum of Rs.1400/- per month and directed the opposite party to pay the

said sum from 16.12.2015, that is, the date of delivery of the order of the learned Magistrate.

The said order so passed by the learned Additional District and Sessions Judge, 11th Court, Alipore in Criminal Motion No.74 of 2016 does not assign any "special reasons" for directing the opposite party/husband to pay the said sum of maintenance from the date of the order. The order so passed is in deviation of the statutory provisions and, as such, the order passed by the learned Additional District and Sessions Judge, 11th Court, Alipore in Criminal Motion No.74 of 2016 dated 29.08.2018 is hereby set aside. The learned Sessions Judge would freshly consider the revisional application and assign reasons and adhere to the provisions of Section 125 of the Code of Criminal Procedure. With the aforesaid observations, CRR 333 of 2021 is disposed of.

Needless to state that the opposite party/husband would go on paying the amount of maintenance as directed by the learned Magistrate.

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.)