Jaydeb Giri @ Nantu Giri v. Purnima Giri

C.R.R. 2553 of 2009 D/L64 July 20, Bpg.

In Re: An application under Section 482 of Code of Criminal Procedure, 1973;

Sri Jaydeb Giri @ Nantu Giri

Versus

Smt. Purnima Giri Md. Sabir Ahmed, Mr. Hillol Saha Poddar, Mr. Apan Saha.

...for the petitioner.

The revisional application was preferred challenging the judgment dated 5th May, 2009.

I find that the learned Magistrate on appreciation of the evidence which surfaced allowed the application under Section 125 of the Code of Criminal Procedure wherein direction was awarded for maintenance of Rs.1600/- per month to be paid to the opposite party (Rs.1,000/- per month to the wife and Rs.600/- per month to the child).

The warrant of arrest, however, was stayed for a limited period of time.

In view of the quantum which has been awarded, I am of the opinion that no interference can be made regarding the quantum as the structure of the cost index has completely changed in the last 12 years. However, the petitioner would be at liberty to bring to the notice of the court if there are absolute change of circumstances by invoking the provisions of Section 127 of the Code of Criminal Procedure.

With the aforesaid observations, CRR 2553 of 2009 is disposed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

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