Shreyasshee Chowdhury Dutta v. Biswajit Chowdhury

08.07.2021 AJ, Ct.34 C.R.R. 3202 of 2014 Sl No. 27. I.A. No. C.R.A.N. 1 of 2015 (Old No. C.R.A.N. 185 of 2015) ( Via Video Conference ) Re: An application under Section 482 read with Section 401 of the Criminal Procedure Code.

And In Re : Smt. Shreyasshee Chowdhury (Dutta).

...... petitioner.

Mr. Nirupam Dhali.

......for the State.

The revisional application was initially taken up on 29.09.2014 when none appeared on behalf of the petitioner and as such, there was a direction to effect service on the opposite party. Today when the matter has been taken up none appeared on behalf of the petitioner.

I find that the grievance of the petitioner relates to the quantum of maintenance being awarded in connection with Misc. Case No. 131 of 2011 which was filed under the relevant provisions of the Protection of Women from Domestic Violence Act. It is reflected in the order dated 20.07.2011 that the learned Chief Judicial Magistrate, Suri, Birbhum was pleased to award an interim maintenance of Rs.600/- per month which was the cause of grievance.

Having regard to the fact that the case is of the year 2011 and the quantum which was awarded was by way of interim measure, I am of the view that it would not be fit and proper to address the issue of quantum after ten years without any information being furnished before this Court regarding the issue of disposal or

pendency of the proceedings before the learned Chief Judicial Magistrate, Suri, Birbhum. In case the proceedings are still pending or the same could not attain finality for reasons beyond the control of the learned Magistrate, I direct in that case the learned Magistrate should consider the quantum having regard to the present cost of living and the expenses incurred by an individual in regular day to day life.

With the aforesaid directions, C.R.R. 3202 of 2014 is disposed of.

All pending applications, if any, are disposed of. Interim order, if any, is hereby vacated.

The Department is directed to communicate this order to the learned Court below within seven days from date. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)