Kiran Chettri v. Deepa Chettri & ORS

13.07.2021 AJ, Ct.34 C.R.R. 571 of 2013 Sl No. 23.

( Via Video Conference ) Re: An application under Sections 401/482 of the Code of Criminal Procedure, 1973.

And In Re : Kiran Chettri. ...... petitioner. The present revisional application relates to an order of interim maintenance passed on 8th October, 2012 passed by the learned Judicial Magistrate, Mirik, Darjeeling in connection with M.R. Case No.01 of 2012.

Records reflect that in the said order the learned Magistrate was pleased to award Rs.3,000/- per month to the wife and another Rs.3,000/- per month to the minor son. Records also reflect that the revisional application is yet to be admitted and is pending for more than eight years before this Court.

Having regard to the issue involve which is an interim maintenance, I am of the view that the order passed was by way of an interim measure during the pendency of the application under Section 125 of the Code of Criminal Procedure. Having regard to the quantum of maintenance, I am of the view that the same does not require any interference by this Court. Accordingly, C.R.R. 571 of 2013 is dismissed. All pending applications, if any, are 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.)