Santosh Kotal v. Barnali Bauri Kotal

C.R.R.1048 of 2023 D/L38 23.08.2023 Bpg.

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

Santosh Kotal

Versus

Barnali Bauri (Kotal) Mr. Malay Bhattacharyya Mr. Subhrajyoti Ghosh.

...for the petitioner.

The present revisional application has been preferred challenging the order dated 27.12.2022 passed by the learned Judicial Magistrate, 5th Court, Bankura in Misc. Case No.90 of 2017 under Section 125 of the Code of Criminal Procedure. Records reflect that the learned Magistrate on consideration of the evidence was pleased to award a sum of Rs.4,000/- per month as maintenance to the wife from the date of filing of the application.

Learned advocate appearing for the petitioner do not dispute the quantum of maintenance so awarded. However, he is of the opinion the arrears which accrued would be burden upon the petitioner.

Having considered the plea of the petitioner, I direct that the period of arrears be extended and the petitioner is directed to clear the arrears by 30th June, 2024. So far as the quantum of maintenance award is concerned, the monthly payment would be regularly paid by the petitioner until and unless the same is altered

by the learned trial court.

With the aforesaid observations, CRR 1048 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)