Mahadeb Biswas v. Maharani Biswas & ANR

08.07.2021 Item no.19 Ct. No.34 CHC C.R.R. No.2008 of 2014 (Via Video Conference) In Re: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Mahadeb Biswas ... petitioner None appears for the parties.

The present revisional application has been preferred in connection with Misc.Case No. 173 of 2012, wherein the learned Additional Chief Judicial Magistrate, Kalyani, Nadia, was pleased to award an interim maintenance of Rs.1,500/- per month from each of her sons.

The subject-matter of the case relates to a lady aged about 72 years who had three sons namely, Mahadeb Biswas, Monotosh Biswas and Paritosh Biswas. According to opposite party/mother herein, she was subjected to physical and mental torture by her sons, suffering from several ailments and is maintaining herself by working as a domestic help.

I have perused the reasons so assigned by the learned Magistrate and the reasons shown by him for invoking the provisions of interim maintenance.

Records reflect that the revisional application till date has not been moved by the petitioner being one of the sons of the lady/mother.

Having regard to the passage of time which has passed in the meantime and there has been change in the cost of living as well as the expenses, I am of the view that the quantum of maintenance so awarded by the learned Magistrate do not call for any interference. As such, C.R.R.2008 of 2014 is dismissed. Pending applications, if any, are disposed of. Department is directed to communicate this order to the learned Magistrate within a period of seven days from date. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)