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Calcutta High CourtCRR/2023/2011dismissed

Mosaraf Saikh v. Manowara Bibi & ANR.

2023-12-07Hon'Ble Justice Ananya Bandyopadhyay2 pages

07.12.2023 cm CRR 2023 of 2011 In the matter of : Mosaraf Saikh .... petitioner.

The report filed by the Judicial Magistrate, Baruipur dated 24.11.2023 be kept on record.

Despite service of notice the petitioner is not present before the Court.

The instant revisional application has been filed against an order dated 17.05.2011 passed by the learned Judicial Magistrate, Baruipur, 24-Parganas in Misc. Case No. 697 of 2005 allowing the application under Section 125 of the Cr. P.C. directing the petitioner to pay maintenance to the opposite party No. 1 at the rate of Rs. 1000/- per month from the date of the order.

Perused the contention of the petition as well as the judgment delivered on 17th May, 2011 under Section 125 of the Cr. P.C. Misc. Case No. 697 of 2005. The opposite party No. 1 is the legally married wife of the petitioner. The marriage is not disputed and the amount of Rs. 1000/- to be paid to the opposite party No. 1 is meagre and the learned trial court has rightly passed the impugned order. Under such circumstances, this court is not inclined to interfere with the same.

Accordingly, the instant revisional application is dismissed. Copy of the order be sent to the department and learned trial court for information.

(Ananya Bandyopadhyay, J.)