Hasanur Mondal v. Monowara Bibi And Another

07.10.2024

IN THE HIGH COURT AT CALCUTTA

Sl. No.2 Criminal Revisional Jurisdiction akd C. R. R. 3605 of 2024 In Re: Hasanur Mondal ... ... Petitioner Mr. Uttam Banerjee Mr. Arunesh Pathak ... ... for the petitioner

1. Petitioner contends quantum of interim maintenance awarded is exorbitant. He also submits opposite party no.1-wife had executed a deed relinquishing her right to maintenance.

2. I have considered the materials on record. Marriage between petitioner and opposite party no.1-wife is admitted. A female child was born to the couple. After considering the materials on record learned Magistrate directed interim maintenance allowance at the rate of Rs.3,000/- per month to opposite party no.1-wife and Rs.2,000/- per month to the minor child. This was upheld by the revisional court.

3. Bearing in mind the rising price index and bare necessities of opposite party no.1-wife and the minor child, I am of the opinion quantum of interim maintenance allowance fixed is a reasonable one. Right to maintenance is a continuing claim and cannot be whittled down with reference to a deed relinquishing such claim.

4. Under such circumstances, I find no merit in the revisional application.

5. CRR 3605 of 2024 is accordingly, dismissed.

6. Photostat certified copy of this order, if applied for, be given to the petitioner on usual undertaking.

(Joymalya Bagchi, J.)