Ketoki Banerjee @ Ketaki Banerjee v. Auddrish Banerjee

HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

Present:

THE HON'BLE JUSTICE JAY SENGUPTA CRR 2932 of 2025 Ketoki Banerjee @ Ketaki Banerjee versus Auddrish Banerjee For the Petitioner Mr. Satyaki Mukherjee Ms. Sayani Ahmed Mr. Saibal Rakshit Last heard on 05.08.2025 Judgment on 05.08.2025 JAY SENGUPTA, J:

This is an application for expeditious conclusion of M. Case No.813 of 2023 pending before the learned Judicial Magistrate, 1st Court, Barasat, North 24 Parganas. Learned counsel for the petitioner submits that the petitioner is a patient of cancer and is at very advanced stage. She had prayed for maintenance allowance under Section 125

of the Code from her own son in 2023. Yet, the proceeding could not be concluded and interim maintenance has not been awarded. The next date has been fixed on 15.09.2025 to consider the maintainability of the application as the petitioner's application had been challenged by her son on certain grounds. Let the issue of maintainability be decided on that date and the question of interim maintenance be considered on the very same date.

No prejudice will be caused if a direction is passed to expedite the matter, especially in the exigent circumstances as have been referred to above.

It is an unfortunate case where an old and ailing mother has to pray for maintenance allowance from her own son. It appears that the petitioner is at the advanced stage of Carcinoma.

On the other hand, the son of the petitioner had challenged the proceeding on a technical ground and a date has been fixed for deciding the issue of maintainability. In such very exceptional circumstances, the learned trial court is requested to decide the issue of maintainability on the date fixed i.e., on 15.09.2025 itself and additionally, decide the issue of interim maintenance on the very same day or at least, within a fortnight from then.

With these observations, the revisional application is disposed of.

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

( Jay Sengupta, J. ) 445/SG