Amal Mandi v. State

11.06.2021 Item no.27.

Court No.34.

AB (Via Video Conference) C.R.R. 1775 of 2005 Amal Mandi Vs The State of West Bengal & Anr.

None appears either for the petitioner or for the opposite parties.

The present revisional application has been preferred against an order dated 8.4.2005 passed by the learned Judicial Magistrate, 2nd Court, Purulia in Misc. Case No.190 of 2000 (T. R. No.740 of 2000) by which the petitioner herein was directed to pay a sum of Rs.1,500/-per month as maintenance amount.

The records reflect that on 6.7.2005 an interim order was passed in favour of the petitioner subject to payment of Rs.800/-per month towards maintenance with effect from May, 2005.

The petitioner thereafter took out an application in respect of the execution proceeding, which was filed and the records reflect that on 29.6.2015, a Coordinate Bench of this Court was pleased to direct the petitioner to pay an enhanced amount of Rs.1,200/- per month prospectively.

I have perused the order passed by the learned Magistrate, which is the subject matter of challenge and also considered the cryptic manner in which the payment has been made by the petitioner because of pendency of the revisional application. Having taken into account the quantum of maintenance so imposed by the learned Magistrate, I am of the view that the present cost of living for minimum requirement does not call for any interference. Accordingly, the revisional application being CRR No.1775 of 2005 is dismissed along with all connected applications.

The petitioner would be directed to pay the arrears by affording him an opportunity and schedule, but the arrear should be cleared within a period of one year from date. Interim order, if any, is hereby vacated.

LCR be sent down to the Court below forthwith. All parties are directed to act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)