Sudeepa Biswas v. Soumyajit Biswas And ANR

11.08.2025 SL No.50 Court No.32 S.Gayen

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE CRR 3714 of 2022 Smt. Sudeepa Biswas

Versus

Sri Soumyajit Biswas & Anr.

Mr. Tapash Kr. Bhattacharya Mr. Aviroop Bhattacharya ...for the Petitioner Ms. Subhasree Patel Ms. Shruti Mukhopadhayay ...for the State

1. This revisional application has been filed assailing the order dated 24.08.2022 passed in connection with Misc. Case No. 326 of 2019, wherein learned Judicial Magistrate, 3rd Court, Ranaghat, Nadia disposed of the application filed under Section 125 of CrPC directing the opposite party/husband to pay Rs. 6000/- per month to wife/petitioner herein and Rs. 4000/- per month to his minor son from the date of filing of the case.

2. From the tone and tenor of the instant revisional application, it appears that the petitioner prays for adequate maintenance in parity with the huge income of the opposite party.

3. Learned counsel for the opposite party has submitted that the instant revisional application has been filed for enhancement of the maintenance promulgated under Section 125 of CrPC.

4. However, I am in full agreement with the learned counsel for the opposite party that the instant revisional application cannot be

filed before this Court with a prayer for enhancement ignoring the provision of Section 127 of CrPC.

5. In the aforesaid view of the matter, this revisional application is liable to be dismissed with a liberty to the petitioner to file an application under Section 127 of CrPC before the learned Trial Court.

6. With the above observation, the revisional application stands disposed of.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

8. Urgent Photostat certified copy, if applied for, be given to the parties upon compliance with all requisite formalities. (Bibhas Ranjan De, J.)