Dr. Bijoy Patra v. Asita Patra & ANR

07.03.2024 Ct. No. 33 KAUSHIK C.R.R. 652 of 2014 CRAN 1 of 2019 (CRAN 3684 of 2019) CRAN 2 of 2024 In Re. Dr. Bijoy Patra ... petitioner Mr. Prasanta Kumar Banerjee Ms. Indrani Nandy ... for the petitioners Ms. Priyanka Parida ... for the O.P. No. 1 Mr. N. P. Agarwala Mr. Pratick Bose ... for the State The order dated 17th April, 2014 passed by this Court stated as follows:

"The petitioner is directed to serve a copy of the application along with all its annexures on the O.P. No. 1/wife by registered with acknowledgement due and on the O.P./State through the learned Public Prosecutor within a period of four weeks and to file an affidavit of service on the next date of hearing. There will be stay of operation of the impugned order dated 18.12.2013 passed by the learned Principal Judge, Family Court, Calcutta in Misc. Case No. 71 of 2012 for a period of eight weeks or until further order whichever is earlier on condition that the petitioner/husband will go on making payment of maintenance of each month @Rs, 3,000/- per month in favour of the opposite

party/wife within 15th day of next succeeding month and on further condition that the petitioner/husband will make payment of entire amount of arrear of maintenance, if any, on the basis of calculation at the above rate in favour of the opposite party/wife within 31st May, 2014, in default the stay order shall stand vacated.

The matter will appear under the heading "Contested Application" after expiry of six weeks."

From the submission of the learned advocate for the petitioner, it appears that the order dated 17th April, 2014 was not complied with.

The learned advocate for the Opposite Party No. 1 appointed by the High Court Legal Services Committee is absent.

The parties are personally present before the Court. Their personal appearance is noted and dispensed with. The learned Trial Court is to proceed with the hearing of the Misc. Case No. 71 of 2012 and take necessary measures for execution of the impugned order.

The instant revisional application along with all connected applications are disposed of accordingly. (Ananya Bandyopadhyay, J.)