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Calcutta High CourtCRR/3596/2011disposed

Mousumi Majhi ( Sarkar) v. State Of West Bengal

2024-01-08Hon'Ble Justice Ananya Bandyopadhyay2 pages

08.01.2024 SR CRR 3596 of 2011 In the matter of : Mousumi Majhi (Sarkar) .... petitioner.

The instant criminal revisional application is pending since 2011 and as such, required to be disposed of. None appears for the parties.

The instant revisional application has been filed against the judgement and order dated 29th July, 2011 passed by the learned Additional Sessions Judge, 2nd Court, Hooghly in Criminal Motion No.211 of 2020 thereby dismissing the same. The aforesaid criminal motion being no.211 of 2010 was filed being aggrieved by an order dated 11th October, 2010 passed by the learned Judicial Magistrate, 4th Court, Serampore, Hooghly whereby the learned Magistrate allowed an interim maintenance of Rs.1,000/- per month. Perused the contentions of the petitioner in the revisional application as well as the trial court's orders as mentioned. The marriage between the parties was not disputed and considering the materials on record and the documents field by the parties, the learned Magistrate passed an interim order of maintenance at the initial stage to the tune of Rs.1,000/- which was affirmed by the Court of Additional Sessions Judge as aforesaid.

This Court is of the view that the amount of maintenance after 12 years from the date of impugned order shall be

enhanced to Rs.3,000/- per month in equal installments. The arrears to be computed from the date of passing of the interim order of maintenance. The arrears to be paid to the opposite party no.2 within 36 months from the date of passing this order to be payable before 10th day of each succeeding month from the date of passing of this order.

The revisional application being CRR 3596 of 2011 is, thus, allowed.

A copy of the order be sent to the trial court for immediate compliance.

(Ananya Bandyopadhyay, J.)