Jharna Rakshit v. State Of West Bengal And ORS.

Ct. No. 01 MAT 2364 of 2023 with IA No. CAN 1 of 2023 AN RP 24.04.2024 Smt. Jharna Rakshit Vs.

State of West Bengal & Ors.

Mr. Sagar Chowdhury ... For the appellant Mr. Amitesh Banerjee, ld. Sr. Adv.

Mr. Tarak Karan ... For the State Mr. Debjit Ghosh ... For the respondent no. 5

1. We have heard learned counsel for all the parties elaborately.

2. This intra-Court appeal filed by the writ petitioner is directed against the order dated 25.09.2023 passed in WPA 21565 of 2022. Upon going through the impugned order, learned Single Judge rightly directed the learned District Magistrate and the Collector, Hooghly to decide the petitioner's application for maintenance within the time frame and in the event, the said application is dismissed as not maintainable on the ground of pecuniary jurisdiction or otherwise the writ petitioner was granted liberty to approach the appropriate civil/criminal forum either under Section 125 of the Criminal Procedure Code or under any maintenance statute available in civil law claiming alimony against the private respondent no. 5.

3. Thus, we find no grounds to interfere with the

impugned order. Hence, both the appeal and its connected application stand dismissed.

(T. S. Sivagnanam) (Chief Justice) (Hiranmay Bhattacharyya, J.)