Aparna Das v. Subrata Das

18-11-2024 Ct. No.34 b.das CRR No. 2350 of 2024 In the matter of :

Aparna Das.

..... petitioner.

Mr. Shibaji Kr. Das Mr. Dipendu Sarkar Ms. Deblina De ...for the petitioner.

Affidavit of service filed by the petitioner is taken on record.

None appears for the private opposite party despite service.

Learned counsel for the petitioner submits that the petitioner was initially granted maintenance by the learned Trial Court which was subsequently enhanced by an order dated 18th January, 2024 passed by the learned Additional Chief Judicial Magistrate, Contai in Misc. (P)-08 of 2019. By the said order learned Magistrate directed the opposite party to pay maintenance to the petitioner at the rate of Rs.15,000/- per month from the date of filing of the case and to the minor son from January, 2019 to August, 2023 at the rate of Rs.5,000/- per month.

Due to non-compliance of the said order by the opposite party, the petitioner filed an execution case being Misc. Execution No.10 of 2024.

The opposite party appeared before the learned Magistrate in the said case and produced money receipt of Rs.5,000/- following which the learned Magistrate, by an order passed on 18th April, 2024, fixed 14th May, 2024 for further payment, if any.

Learned counsel submits that no further payment was made by the opposite party since then.

Upon consideration of submission made on behalf of the petitioner and material on record, this Court directs learned Additional Chief Judicial Magistrate, Contai to direct the opposite party to pay the arrear amount of Rs.6,97,626/- to the petitioner in ten equal instalments payable each month starting from the next date of hearing fixed before the learned Magistrate, along with the current maintenance payable to the petitioner. The learned Magistrate shall take necessary steps in accordance with law for realizing the said amount from the opposite party. Accordingly, the revisional application being CRR 2350 of 2024 is disposed of.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

( Suvra Ghosh, J. )