Dilip Kumar Modak v. Smt Tara Rani Modak

04.4.2023 AB Ct. No.236 CRR 892 of 2010 In the matter of : Dilip Kumar Modak Mr. Bidyut Kumar Roy Ms. Sima Biswas .... For the State None is appearing on behalf of the petitioner. This criminal revision challenges the order dated 26th February, 2010 passed by learned Judicial Magistrate, 3rd Court, Hooghly in M.C. Case No. 358 of 2009 whereby the petitioner Dilip Kumar Modak has been directed to pay a sum of Rs.2000/- to his mother Smt. Tara Rani Modak per month towards interim maintenance. From the materials available with the records I find that Smt. Tara Rani Modak filed the application under Section 125 of the Code of Criminal Procedure before the Judicial Magistrate seeking maintenance from her son who is an employee of West Bengal Agriculture Department and who used to earn at the relevant point of time a sum of Rs.25,000/-.

Learned Trial Court after considering the submission of respective parties was pleased to pass the impugned order. Attending fact of the case indicates that the petitioner before this Court is the son of the opposite party Smt. Tara Rani Modak and it goes without saying that he has obligation to maintain his mother.

bench of this Court directed the petitioner to pay sum of Rs.1500/- per month to his mother towards interim maintenance.

I am inclined to dispose of the criminal revision by directing the petitioner to pay a sum of Rs.1500/- to his mother towards interim maintenance.

With this observation the criminal revision is thus disposed of.

Let a copy of the order be sent to learned Trial Court for information and necessary action.

(Siddhartha Roy Chowdhury, J.)