Mustafa Siraj v. Jesmine Khatun & ANR

30.3.2022 sb ct. no. 35 CRR 317 of 2013 In the matter of : Mustafa Siraj ....Petitioner Mr. Golam Mustafa Mr. Samirul Sardar ....for the petitioner Learned advocates for the petitioner are present before the Court.

None appears for the opposite party nos. 1 and 2. This revisional application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner challenging the order dated 19.11.2012 passed in M.R. Case no. 405 of 2011, where the application dated 30.6.2012 seeking dismissal of M.R. case no. 405 of 2011 under Section 125 of the Code of Criminal Procedure pending before the learned Chief Judicial Magistrate, Murshidabad was rejected. It is submitted by the learned advocates for the petitioner that the arrear maintenance claimed by the petitioner for the period from her divorce till her remarriage has already been paid and the execution case has been disposed of. Learned advocates produces some receipts showing payment for the period from 25.9.2014 to 20.6.2015. The same, though not verified, is taken on record.

Learned advocates prayed for dismissal of the revisional application as it has become infructuous.

Considered the submissions. Since the petitioner has paid maintenance dues to his erstwhile wife who has remarried, the

present application has become infructuous and the same is dismissed for non-prosecution.

Let a copy of this order be sent to the learned Chief Judicial Magistrate, Murshidabad for information. All parties are to act on the server copy of this order duly obtained from the official website of this Court. (Ananda Kumar Mukherjee, J.)