Taj Mahammad v. Ashma Khatun (Bibi)

C.R.R. No.858 of 2012 D/L.34 July 14, Bpg.

In Re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

In the matter of : Taj Mahammad. ...petitioner. The present revisional application has been preferred against the judgment and order dated January 31, 2012 passed by the learned Judicial Magistrate, Barasat, District-North Parganas in connection with Case No.M-417 of 2006 under Section 125 of the Code of Criminal Procedure.

By the said order, the learned Magistrate was pleased to award a sum of Rs.800/- per month to the wife from the date of filing of the case.

Having regard to the fact that after considering the whole of the evidence learned Magistrate arrived at his finding and awarded a meagre sum of Rs.800/- per month, I am of the view that the same cannot be interfered with, taking into account the cost of living involved for an individual to survive. Accordingly, CRR 858 of 2012 is dismissed.

Pending applications, if any, are hereby disposed of. Interim order, if any, is hereby vacated.

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