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Calcutta High CourtCRR/2077/2023disposed

Rajlaxmi Bhoumik v. State Of West Bengal And ANR

2023-06-13Hon'Ble Justice Tirthankar Ghosh2 pages

S/L-60 13-06-2023 KOLE CRR 2077 of 2023 Rajlaxmi Bhoumik -Vs.- The State of West Bengal & Anr.

Mr. Prasenjit Mukherjee, Ms. P. Dutta, ... for the petitioner.

The petitioner has challenged the order passed by the Learned Sessions Judge, 24 Parganas South in Criminal Motion No. 213 of 2023 wherein the learned Sessions Court by its order dated 15.05.2023 was pleased to stay the order dated 29.03.2023 passed by the learned Judicial Magistrate, 3rd Court, Alipore in connection with A.C.M. Case No. 600 of 20220. The records reflects that the learned Judicial Magistrate, 3rd Court, Alipore, South 24 Parganas was pleased to pass an award of interim maintenance of Rs. 25,000/- per month to be paid from the date of the application i.e., 01.12.2020. By the same order, the learned Judicial Magistrate was directed to set off a sum of Rs. 8000/- awarded in favour of the petitioner by its order date 18.08.2017.

I have considered the order of the learned Judicial Magistrate as well as the order of the learned Sessions Judge. It would have been in the fitness of the circumstances appropriate had the learned Sessions Judge awarded a quantum of interim maintenance while granting the interim order in respect of admission of the revisional application being Criminal Motion No. 213 of 2023. The order dated 15.05.2023 passed by the learned

Sessions Judge, 24 Parganas South, in Criminal Motion No. 213 of 2023 is modified to the extent that the husband would pay a sum of Rs. 20,000/- till the Criminal Motion No. 213 of 2023 is disposed of by the learned Sessions Judge, Alipore. With the aforesaid observations, CRR No. 2077 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. The learned Advocate for the petitioner would, on 3rd July, 2023, the next date fixed before the Sessions Judge, bring the aforesaid order to the notice of the learned Sessions Judge. All 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 be supplied to the parties, if applied for, as early as possible. ( Tirthankar Ghosh, J. )