Sarmistha Bag v. State Of West Bengal & ANR

Sr. 18 28-07-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 3725 of 2012 In Re : Sarmistha Bag ........Petitioner.

In the matter of : An application under Section 401 read with Section 482 of the Code of Criminal Procedure. This revisional application has been preferred against the judgement dated April 23, 2012 passed by the learned Judicial Magistrate, 1st Court, Paschim Medinipore in M. R. Case No. 18 of 2002(T. R. Case No. 116 of 2004) under Section 125 of the Code of Criminal Procedure. The grievance of the wife, being present petitioner before this court that although there is a monthly earning of husband to the tune of Rs.61,583/-, yet the learned Magistrate has only awarded maintenance under Section 125 of the Code of Criminal Procedure to the tune of Rs.9000/-. Records also reflect that the revisional application was filed in the year 2012 but till date no effective hearing has taken place.

Having regard to the fact that the order under challenge was passed on April 23, 2012 i.e., almost 9 years

ago, I am of the view that at this belated stage without affording any opportunity to both the parties it would not be fit and proper to consider or reconsider the quantum of maintenance. However, the opposite party/wife will be at liberty to prefer appropriate application under the relevant provisions of law to bring to the notice of the learned Magistrate regarding the expenditure so involved for present day living as also the quantum which was earlier allowed was not in consonance with the need and status.

With the aforesaid observations, the present revisional application being CRR 3725 of 2012 is disposed of. All pending applications, if any, are consequently disposed of.

If an application is taken out by the wife before the learned Magistrate, the learned Magistrate would consider the same in its true and proper perspective and dispose of the same within a period of three months from the date of the communication of this order.

Department is directed to communicate this order to the learned jurisdictional court within a period of seven days from date.

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