Kartick Manna v. State Of West Bengal & ANR

8.11.2021 sb CRR 943 of 2020 (Via video conference) In the matter of : Kartick Manna .....Petitioner Mr. Anil Kumar Chattopadhyay....for the Petitioner Mr. Amal Krishna Samanta ....for the Opposite party no. 2 The learned advocate for the petitioner submits that there has been change of circumstances and because of hardship the petitioner could not continue payment towards maintenance. However, learned advocate appearing for the petitioner is of the view that a sum of Rs. 3,000/- per month which was directed by a coordinate bench of this Court on 13.3.2020 will not be an impediment and he would go on paying the same till the application under Section 125 of the Code of Criminal Procedure is decided by the learned Magistrate.

Mr. Samanta, learned advocate appearing for the opposite party no. 2 submits that he has received payment of only one month.

Be that as it may, the opposite party no. 2 will be at liberty to file the execution case if there are dues which accrued for recovery of the amount of Rs. 3 thousand per month in accordance with law.

The learned Magistrate is directed to dispose of the proceedings as expeditiously as possible. It is directed that the petitioner during the pendency of the proceedings under Section 125 of the Code of Criminal Procedure would go on paying a sum

of Rs. 3000/- per month until and unless the same is modified by any court of law.

With the aforesaid observation, CRR 943 of 2020 is disposed of.

Pending application, if any, is consequently disposed of. Interim order is made absolute.

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