Molla Reajul Islam @ Riyajul Islam v. State Of West Bengal And ORS.

20.03.2024 Item No.70.

Suman Ct.34 CRR 4215 of 2023 Molla Reajul Islam @ Riyajul Islam Vs.

The State of West Bengal and Ors.

Mr. Dyutiman Banerjee Mr. Giassuddin Mr. V. Mallick ..for the petitioner Earlier when the revisional application was called on 20.11.2023, none represented the petitioner. Today, when the revisional application has been called, the petitioner is represented.

The matter relates to an order dated 16th September, 2023 passed by the learned Judicial Magistrate, 3rd Court, Arambagh in connection with Maintenance Case No. 82 of 2022.

I find from the said order that the learned Judicial Magistrate, 3rd Court, Arambagh was pleased to award an interim maintenance of Rs.5,000/- to the wife and Rs.3,000/- to each of the minor child aggregate to a sum of Rs.14,000/- per month.

Having considered the reasons so assigned by the learned Magistrate and the quantum which was

awarded, regard being had to the present price index I am not inclined to interfere as the petitioner is an employee of Purba Midnapur Zilla Regulated Market Committee and is earning in a range between Rs.34,324/- to Rs.45,000/- per month.

Learned advocate for the petitioner submits that the petitioner has house building loan and personal loan. Accordingly, the petitioner would be at liberty to produce evidence in support of the same at the stage of the main proceedings of the case. The learned trial Court will consider the same in accordance with law while deciding the final quantum of maintenance. With the aforesaid observations, CRR 4215 of 2023 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Tirthankar Ghosh, J.)