Dulal Tudu@Majhi v. Sukhi Tudu@Mejhan & ANR

04.10.2021 Ct No. 34 SL. No. 15 Rakib (PA)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE (Through Video Conference) CRR 1500 of 2011 In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 In Re: Dulal Tudu @ Majhi

...Petitioner

The present revisional application was preferred against the judgment and order dated 23.02.2011 passed by the learned Judicial Magistrate 6th Court, Bankura, in connection with the Misc. Case No. 91/2009 under Section 125 of the Code of Criminal Procedure.

The order dated 23.02.2011 reflects that the learned Magistrate on consideration of the materials which were adduced by way of evidence was pleased to allow/award maintenance of Rs.1500/- per month to the wife and Rs.1500/- per month to each of the minor children, aggregating to sum of Rs.4500/- per month to be paid by the present petitioner.

A Coordinate Bench of this Court by an order dated on 21.06.2011 was pleased to direct service of notice upon

the opposite party at the time of admission of revisonal application and stayed the operation of the order dated 23.02.2011 passed by the Magistrate on condition that the current amount of maintenance would be paid by the petitioner regularly.

Having regard to the order which has been passed by the Coordinate Bench, I am of the view that the amount which was awarded by the learned Magistrate was not excessive. Further the said award was passed more than 10 years ago and the present cost of living in the meantime has totally changed.

In view of the observation made above I am of the opinion that no interference can be made so far as the order of maintenance is concerned, as such CRR 1500 of 2011 is dismissed.

Pending application, if any, is consequently 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.)