Pushpali Maity v. Khudiram Maity And ORS.

23.02.2024 Serial no. 8 [G.S.D] CRR 4640 of 2022 In the Matter of : Pushpali Maity ... ... Petitioner Mr. U.S. Chattopadhyay Ms. Snigdha Saha ... for the petitioner The order under challenge relates to stay of the order of maintenance and arrear maintenance in respect of a proceeding under the provisions of PWDV Act.

It has been reflected in the order dated 31.3.2021 passed by the ld. Addl. Dist. & Sessions Judge, FTC-3, Barrackpore that while admitting the appeal, the ld. Appellate court was pleased to stay the order dated 25.2.2021 passed by the ld. JM, 2nd Court, Barrackpore till 19.5.2021 both in respect of interim maintenance as well as arrear maintenance.

As the criminal appeal, being case no. 10/2021, was pending, I direct that if till date the said criminal appeal is pending, the ld. Addl. Dist. & Sessions Judge, FTC-3, Barrackpore would dispose of the same on the next date so fixed or within a fortnight thereafter.

The ld. Appellate court will fix as many number of dates as it thinks fit and proper but will not stretch the timeline.

If, for any reason, the ld. Appellate court thinks that that further hearing of the appeal is required, then, in that case, the interim order shall remain stayed and the order dated 25.2.2021 passed by the ld. JM in Misc. Case No. 60 of 2017 would revive.

With the aforesaid observations, CRR 4640 of 2022 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)