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Calcutta High CourtCRR/804/2020dismissed

Biswanath Dhar v. Koeli Majumdar Dhar & ANR

2022-02-22Hon'Ble Justice Tirthankar Ghosh2 pages

22.2.2022 sb CRR 804 of 2020 (Via video conference) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Biswanath Dhar .......Petitioner None appears for the petitioner or for the opposite party. The grievance of the petitioner is regarding enhancement of the quantum of interim maintenance from Rs. 1,500/- per month to Rs. 6,500/- per month.

The said order was passed in the year 2017. Being aggrieved, the present petitioner approached the learned Sessions Judge by invoking its revisional jurisdiction.

The learned Sessions Court in Criminal revision no. 215 of 2017 was pleased to dismiss the said revisional application and affirm the order dated 18.5.2017 passed by the learned Judicial Magistrate, 3rd Court, Barrackpore.

I have assessed the orders passed by the learned Judicial Magistrate, 3rd Court, Barrackpore as well as the learned additional Sessions Judge, 2nd Court, Barrackpore. The present revisional application does not raise a separate question of law and there are only factual assertions to the said effect.

Having regard to the same, I am of the opinion that no interference is called for at this stage.

Accordingly, the revisional application being CRR 804 of 2020 is dismissed.

Pending application, if any, is consequently, disposed of. Interim order, if any, is hereby vacated.

However, if there are change of circumstances, the present petitioner would be at liberty to invoke the statutory provisions for alteration of quantum of maintenance.

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