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Calcutta High CourtCRR/2290/2012disposed

Sk Jumman Ali@Jumman Ali v. Mamataj Begam

2021-09-10Hon'Ble Justice Tirthankar Ghosh2 pages

10-09-2021 ct. no.34 debajyoti CRR 2290 of 2012 In re: An application under Sections 401/482 of the Code of Criminal Procedure.

- And - In the matter of: Sk. Jumman Ali @ Jumman Ali ... Petitioner.

Mr. Suman De, Mr. Debangsu Ghorai ... For the Petitioner.

The present revisional application was preferred in connection with an order passed by the learned Additional District and Sessions Judge, Tamluk, dismissing the revisional application being Criminal Revision No.12 of 2012 wherein the judgment and order dated 28th February, 2011 passed by the learned Judicial Magistrate, Second Court, Tamluk was affirmed.

Having regard to the quantum of maintenance which was Rs.1000/- to the wife and Rs.700/- to each of the two children, I am of the view that the quantum of maintenance is a paltry sum for which interference of this Court is not warranted considering the cost of living at the relevant period as also for the present time. As such, I am of the view that no interference can be made regarding the quantum of maintenance so awarded at this stage of the proceedings. However, if the petitioner is able to show before the learned trial court any change of circumstances, the learned court below shall independently consider the same.

With the above observations, CRR 2290 of 2012 is disposed of. Pending application, if any, is consequently disposed of. Interim order, if any, stands vacated.

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