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Calcutta High CourtCRR/1829/2021disposed

Ujjaval Vinod Saraf v. Neha Ujjaval Saraf

2021-10-04Hon'Ble Justice Kausik Chanda2 pages

04.10.2021 rrc CRR 1829 of 2021 With CRAN 1 OF 2021 In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Ujjaval Vinod Saraf ..... petitioner Ms. Debasish Roy Mr. A. Ganguly Mr. Shamser Ali Mr. Arkadeb Bhattacharya .....For the petitioner Mr. Phiroj Edulji Mr. Suman Ghosh Md. Kasim Warsi Md. Rahim Waris ....For the opposite party It appears that an order of interim maintenance was passed by the learned Additional Principal Judge, Family Court, Kolkata in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, giving a direction upon the husband/petitioner to pay maintenance of Rs.2,00,000/- per month to the opposite party/wife along with a direction to pay additional sum of Rs.1,00,000/- per month to clear the arrear maintenance calculated from the date of filing of the application.

I am of the opinion that since the maintenance application is to be disposed of finally on merit, no useful purpose will be served by keeping the revisional application pending.

six months from date without granting any unnecessary adjournments to either of the parties.

It is, however, made clear that the petitioner will go on making payment of regular maintenance as directed by the learned Judge by his order dated February 23, 2021. The direction to pay the arrear maintenance shall remain stayed till the disposal of the application for maintenance. The learned Judge will decide the prayer for maintenance finally in the light of the judgment reported at (2021) 2 SCC 324 (Rajnesh Vs. Neha).

The application being CRR 1829 of 2021 is, thus, disposed of.

In view of the above, the connected application being CRAN 1 of 2021 is also disposed of accordingly.

All parties shall act upon the server copy of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.)