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Calcutta High CourtCRR/1409/2024disposed

Bipasha De v. Kalyanasis De

2024-04-08Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.1409 of 2024 D/L157 08.04.2024 Bpg.

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

Bipasha De

Versus

Kalyanasis De Mr. Anirban Das.

...for the petitioner.

Petitioner is aggrieved as she preferred M. Case No.1116 of 2022 and in spite of more than two years having passed, she is yet to receive any interim maintenance.

Records reflect that the case under Section 125 of the Cr.P.C. is pending before the learned Judicial Magistrate, 1st Court, Barackpore and the next date has been fixed on 7th May, 2024. Having considered that under the provisions of Section 125 of Cr.P.C the legislative mandate is to ensure that application for interim maintenance is to be disposed of within 60 days from the date of issuance of notice upon the opposite party, I am of the view that more than sufficient time has been granted to the opposite party.

Accordingly, the learned Judicial Magistrate, 1st Court, Barrackpore is directed to take immediate steps so that the application for interim maintenance is disposed of within one month from the next date so fixed, i.e. 07.05.2024. The timeline under no circumstances should be stretched.

With the aforesaid observations, CRR 1409 of 2024 is

disposed of.

Pending connected 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.)