Syed Masud Kabir v. Monira Golder And ANR.

April 4, 2024 AD-8 Ct. 34 SG CRR 908 of 2024 In the matter of: Syed Masud Kabir ... petitioner Mr. S.S. Roy Mr. Biswajit Hazra Mr. Archisman Sain Mr. A.M. Khan Mr. Sk. Nadeem Ahmed ... for the petitioner.

Mr. Ranjan Kumar Roy Mr. Ranajit Roy ... for the opposite parties.

Affidavit of service so filed be kept with the record. In connection with Criminal Appeal No.79/23, the learned Additional District & Sessions Judge, 17th Court, Alipore affirmed the order dated 10.02.2023 passed by the learned Judicial Magistrate, 6th Court, Alipore in connection with AC No.1850/2021. By the said order the learned Magistrate awarded monetary relief to the extent of Rs.20,000/- per month to the wife and Rs.15,000/- per month to the minor son.

Mr. S.S. Roy, learned counsel appearing for the petitioner submits that the petitioner may be granted an opportunity to prefer an application under sub-Section 2 of Section 25 before the learned Magistrate.

Having regard to the prayer so advanced before this Court, I direct if such an application is made/preferred before the learned Magistrate, the Magistrate would

consider and dispose of the same within a period of three months from the date of filing of the application. However, the same would not deter the learned Magistrate if any execution case is pending for recovery of the arrears which have accrued.

With these observations, CRR 908 of 2024 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of such requisite formalities.

( Tirthankar Ghosh, J. )