Jaba Rani Manna v. State Of West Bengal And ANR

30.09.2021 Ct No. 35 D/L 12 ab C.R.R. 1924 of 2021 (Via Video Conference) Re: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973.

In re : Jaba Rani Manna, ... Petitioner Mr. Anil Kumar Chattopadhyay, ... for the petitioner Ms. Sukanya Bhattacharya, ... for the State It is the grievance of the petitioner that she filed a Misc. Execution Case No. 45 of 2018 for execution of an order of maintenance passed by the learned Judicial Magistrate, 1st Court, Contai, Purba Medinipore, whereby the learned Magistrate granted maintenance of Rs. 500/- per month to the petitioner to be paid by the opposite party no. 2.

The grievance of the petitioner is that though the opposite party no. 2 appeared in the said execution proceedings, the hearing of the execution case has been adjourned on repeated occasions, and the opposite party no. 2 is not even paying the regular maintenance as ordered by the learned Magistrate. In that view of the matter, the revisional application is disposed of with a direction upon the learned Judicial Magistrate, 1st Court, Contai, Purba Medinipore, to take necessary steps so that the unpaid maintenance, as claimed by the petitioner in the

execution case, is paid to the petitioner as expeditiously as possible. If necessary, the learned Magistrate in the Court below will issue a distress warrant against the opposite party no. 2, for the realization of the unpaid maintenance amount from the petitioner.

Since this order will not prejudice the opposite party no. 2, the revisional application is disposed of without serving any notice to him.

The revisional application being C.R.R. 1924 of 2021 is, thus, disposed of.

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