Arafil Ali Middey v. State Of West Bengal & ANR

| CRR 501 of 2015 Court No. 33 Item 30 Sk 1.07.2022 In the matter of:- Arafil Ali Middey ........ Petitioner.

None appears on behalf of the petitioner.

This revisional application has been filed by the petitioner challenging order dated 6.12.2014 passed by the learned Chief Judicial Magistrate at Howrah in Misc. Case No. 15 of 2013 granting interim maintenance in favour of the opposite party no. 2-wife and minor child.

The brief fact of the case is that the opposite party no. 2 filed an application under Section 125 of the Code of Criminal Procedure praying for maintenance for herself and minor child. In the aforesaid proceedings, opposite party no. 2 filed an application for interim maintenance which was allowed by the Judicial Magistrate, 7th Court at Howrah to the tune of Rs. 6,000/- per month to the petitioner and Rs. 7,000/- per month to her minor child. Being aggrieved by and dissatisfied with the said order, the petitioner has preferred the present revision.

It appears from the impugned order that admittedly, the opposite party no. 2 is the wife of the petitioner. The petitioner is having business of garments and is able-bodied person. Considering the aforesaid aspects the learned Judicial Magistrate allowed the interim maintenance in favour of the petitioner and her minor child.

In view of the above, such order does not call for any interference.

Accordingly, the revisional is dismissed.

All connected applications stand disposed of. Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Bivas Pattanayak, J.)