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Calcutta High CourtCRR/3084/2014dismissed for default

Trilochan Maity v. Ranu Maity

2022-03-08Honble Justice Ananda Kumar Mukherjee2 pages

8.3.2022 S.D.

16.

C.R.R. 3084 of 2014 In the matter of: Trilochan Maity ......Petitioner.

The revisional application has been fixed up today for hearing. None appears for the petitioner and opposite party. This application has been filed by the husband challenging order dated 18.7.2014 passed by learned Judicial Magistrate, 1st Court, Tamluk in Misc. Execution Case No. 94 of 2013 arising out of Misc. Case No. 75 of 2010 under Section 125(3) of the Cr.P.C. On the very first occasion, a direction was given to the petitioner to pay Rs.10,000/- to the opposite party within seven days and the execution proceeding was stayed for eight weeks subject to the condition of making such payment. The scope and ambit of Misc. Execution Case No. 94 of 2013 was for realizing an arrear maintenance of Rs.12,000/- and payment of regular maintenance of Rs.1,000/- per month for the opposite party/mother and a minor child. Due to lapse of time, the object of the Misc. Execution ought to have been fulfilled by now if order dated 19.9.2014 was complied with by the petitioner.

Under such circumstances, I find no reason to grant further accommodation o the petitioner.

The revisional application is dismissed for default. Interim order, if any, stands vacated.

Let a copy of this order be sent to learned Judicial Magistrate, 1st Court, Tamluk for information.

(Ananda Kumar Mukherjee, J.)