Sk. Alauddin v. Mosammat Fareja Khatun & ANR.

29.07.2021 Item no.10 Ct. No.34 CHC C.R.R. No.2998 of 2011 (Via Video Conference) In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Sk. Alauddin ... petitioner The present revisional application has been preferred against the order dated 30th June, 2011, passed by the learned Additional District Judge, 1st Court, Burdwan, in Criminal Motion No.75 of 2010, wherein learned Sessions Court was pleased to affirm the order passed by the learned Judicial Magistrate, 4th Court, Burdwan, in Misc.Case No.119 of 1993.

The grievance of the petitioner relates to the maintenance per month being granted in addition to the reliefs prayed for under Section 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

In view of the consideration which weighed with the learned sessions court while exercising its revisional jurisdiction and the issues which have been canvassed before the learned Magistrate, I am of the view that no interference is called for. Accordingly, C.R.R.2998 of 2011 is dismissed. Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

The wife/opposite party herein will be entitled to recover the arrears by taking out appropriate application before the jurisdictional court.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)