Supriya Paul v. Sujit Kumar Paul And Another

Item 10.06.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION No.

APPELLATE SIDE CRR 1927 of 2023 Ct 22 rup Supriya Paul Vs.

Sujit Kumar Paul & Anr.

Mr. Partha Sarathi Das ... for the petitioner. Ms. Purnima Panda.

Mr. Sha Md. Umer Edne Sadhique ...for the opposite party.

1. Both the learned counsel appearing on behalf of the parties to this revisional application are present.

2. Challenge of this revisional application is the order dated 24.04.2023 passed in connection with Misc. Case No. 465 of 2022 under Section 125 of the Code of Criminal Procedure (Under Section 144 of the BNSS), wherein Learned Judicial Magistrate, 2nd Court, Ranaghat, Nadia passed an order grating interim maintenance to the tune of Rs.1000/- each to the petitioner and her son. Considering the meagre amount of the maintenance, this revisional application has been filed with a prayer for enhancement of the interim maintenance.

3. Heard learned counsel appearing on behalf of the parties.

4. There is no dispute with regard to the monthly income. Prima facie, it appears that the monthly income is Rs.16,115/- per month according to the statement given

on behalf of the opposite party/husband.

5. Learned counsel appearing on behalf of the opposite party has agreed to enhance the quantum of interim maintenance with respect to the son of the petitioner as opposite party/husband has to maintain his own mother and his sister who is partially handicapped.

6. Having considered all the submission advanced on behalf of the parties, the interim maintenance of Rs.1000/- of any individual, in my humble opinion, is an insult in terms of present market price.

7. However, considering the submission advanced on behalf of the parties, particularly on behalf of the opposite party/husband, the interim maintenance is being enhanced to the tune of Rs.2000/- each to the petitioner and her son.

8. Opposite party/husband is directed to pay interim maintenance till the disposal of the application under Section 125 of the Code of Criminal Procedure (Under Section 144 of the BNSS), in accordance with the directions already promulgated by the Learned Judicial Magistrate, 2nd Court, Ranaghat, Nadia.

9. The instant revisional application stands disposed of with the modification mentioned hereinabove.

10.

Learned Judicial Magistrate, 2nd Court, Ranaghat, Nadia is requested to dispose of the application under Section 125 of the Code of Criminal Procedure (Under Section 144 of the BNSS) as expeditiously as possible

strictly on merit without getting influenced by the order of this Court in any manner whatsoever.

11.

Parties are at liberty to communicate this order to the Learned Judicial Magistrate, 2nd Court, Ranaghat, Nadia. 12.

Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings. 13.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.)