Md Kamal Hasan v. State Of West Bengal And ANR

08.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.72 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2045 of 2023 In the matter of : Md. Kamal Hasan ... Petitioner.

Mr. Tapan Datta Gupta, Mr. Parvej Anam ... For the Petitioner.

The petitioner is aggrieved by the order of interim maintenance passed by learned Chief Judicial Magistrate, Malda. The quantum of interim maintenance which has been awarded is Rs.2000/- per month to the wife and Rs.1500/- each per month to the minor children.

Having regard to the quantum which has been awarded by the learned Chief Judicial Magistrate, Malda, I am of the view that the same was awarded as interim measure and do not finally determine the rights of the parties. Mr. Datta Gupta, learned advocate appearing for the petitioner submits that the petitioner is a daily labourer and is without any means while the wife/opposite party no.2 is of substantial means having landed properties and assets including earning.

The petitioner would be at liberty to adduce such evidence in course of the main proceedings of the case. No interference is called for so far as the interim maintenance is concerned. Additionally, the petitioner would be at liberty to agitate all the points canvassed in the present revisional application in course of trial of the case.

All efforts must be taken to conclude the trial within a reasonable period of time.

With the aforesaid observations, the revisional application being CRR 2045 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)