Saumya Basu v. State Of West Bengal& ANR

12.05. 2022 item No.18 n.b.

ct. no. 34 CRR 2969 of 2013 + IA No. CRAN 1 of 2013(Old No. CRAN 2508 of 2013) Sri Saumya Basu Vs.

The State of West Bengal & Anr.

The revisional application has been preferred challenging the order dated 12.6.2013 passed by the Learned Chief Judicial Magistrate, 2nd Court, Barrackpur in connection with M. Case No. 327 of 2013.

Record reflects that the learned Judicial Magistrate was pleased to award of Rs.2000/- per month to the wife and Rs.1000/- per month to the minor child aggregating to a sum of Rs.3000/- per month.

The revisional application was preferred in the year 2013 and there was a direction to effect service upon the private opposite parties. The application under Section 5 of the Limitation Act being CRAN 1 of 2013(Old No. CRAN 2508 of 2013) is still pending. I have considered the overall contentions advanced in the revisional application both regarding the issue of condonation of delay as well as whether there is any scope for interference in respect of an order which was passed almost nine years ago by way of interim maintenance.

Having regard to the fact that the main proceedings were pending and the award of Rs.3000/- per month which was passed by the Learned Judicial Magistrate 2nd Court. Barrackpur was interim measure, I am of the opinion that no interference is called for at this stage.

Accordingly, CRR 2969 of 2013 as well as CRAN 1 of 2013(Old No. CRAN 2508 of 2013) is hereby dismissed. All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J.)