Tanmay Maity v. State Of West Bengal & ANR

C.R.R.3041 of 2019 D/L15 12.12.2022 Bpg.

In Re: An application under Sections 401 & 482 of the Code of Criminal Procedure, 1973;

Tanmay Maity

Versus

The State of West Bengal and another Mr. Achyut Basu, Ms. Punam Basu.

...for the petitioner.

The revisional application was preferred challenging the order dated 14.05.2019 passed by the learned Additional Chief Judicial Magistrate, Kakdwip, 24 Parganas (South) in Misc. Case No.201 of 2018 under Section 125 of the Code of Criminal Procedure.

The petitioner was aggrieved regarding the quantum of interim maintenance which was granted.

Records reflect that the interim maintenance which was allowed by the learned ACJM, Kakdwip was Rs.7,000/- per month to the wife and Rs.5,000/- per month to the minor children, aggregating to a sum of Rs.12,000/- per month. Having regard to the fact that the interim maintenance was awarded by way of interim measure during the pendency of the main proceeding under Section 125 of the Code of Criminal Procedure, I direct that in case there is any change of circumstances, the petitioner would be at liberty to take out an appropriate application before the learned Magistrate and the

learned Magistrate will take the same into consideration before coming to final decision regarding the quantum of maintenance to be awarded.

With the aforesaid observations, CRR 3041 of 2019 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)