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Calcutta High CourtCRR/2302/2012dismissed

Radheshyam Das v. Smt Rita Das & State

2024-01-05Hon'Ble Justice Ananya Bandyopadhyay2 pages

05.01.2024 cm CRR 2302 of 2012 In the matter of : Radheshyam Das.

.... petitioner.

The instant criminal revisional application is pending since 2012 and as such, required to be disposed of. Despite service of notice, none appears for the respective parties.

The instant criminal reviaional application has been filed against the order dated 02.06.2012 passed by the learned 2nd Judicial Magistrate Court at Barrackpore in M Case No. 576 of 2011 directing the opposite party to pay a sum of Rs. 1,500/- per month to the wife and Rs. 1,000/- per month to the minor daughter.

Perused the contention of the petitioner in the instant revisional application as well as impugned order the opposite party No.1 happens to be the wife of the petitioner and the marriage between the parties have not been disputed by the petitioner before the trial court. The petitioner is duty bound to maintain the wife as well as the minor child and the amount to maintenance was to be paid to the wife and child are not exorbitant beyond the limit of the petitioner to pay the same. This court is not inclined to interfere with the same in absence of any illegality and impropriety in the impugned order.

Accordingly, the instant revisional application is dismissed.

Interim order, if any stand vacated.

Copy of the order be sent to the Department as well as trial court for due compliance.

(Ananya Bandyopadhyay, J.)