Archana Jaiswal v. Harish Chandra Jaiswal

22.2.2023 SB Ct. No.236 CRR 1776 of 2005 CRAN 1 of 2022 In the matter of : Smt. Archana Jaiswal Ms. Suchismita Dutta ... for the petitioner.

Mr. B. K. Ray Mr. P. Bose ... for the State Mr. Sandipto Bose ... for O.P. No. 1 Affidavit of service is taken on record.

This revisional application under consideration challenges the order No. 22 dated 28.3.2005 passed by the learned Judge, Family Court, Calcutta in Misc. Case No. 54 of 2003. Heard Ms. Dutta, learned counsel appearing on behalf of the petitioner and Mr. Bose, learned counsel representing the opposite party no. 1.

Upon perusal of the order impugned, I find that learned Principal Judge, Family Court did not accept the averment of the petitioner wife that her husband had not been paying maintenance deliberately and there was arrear of maintenance to the tune of Rs.32,000/-. However, learned Judge, Family Court directed the petitioner to affix Court fees of Rs.10/- on 16.5.2005 on the petition for adjournment.

According to Mr. Bose, perhaps the order has already been complied with and the proceeding is still pending. Application under Section 127 of the Code of Criminal Procedure filed by the

opposite party / husband before the learned Trial Judge, was allowed as the son of the parties has attained majority. Under such circumstances, the application under consideration appears to be bereft of any merit and is dismissed without any order as to costs.

The application being CRAN 1 of 2022 is also disposed of. The interim order, if any, stands vacated.

Let a copy of the order be sent to the learned Trial Court for information and necessary action.

(Siddhartha Roy Chowdhury, J.)