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Calcutta High CourtCRR/4919/2023disposed

Tapas Goutam Kar v. Anubha @ Anuva Nayak

2023-12-22Hon'Ble Justice Tirthankar Ghosh2 pages

22.12.2023 Serial no. 31 [G.S.D] CRR 4919 of 2023 In the matter of : Tapas Goutam Kar ... ... Petitioner Ms. L. Panja ... ... For the Petitioner The petitioner has challenged the order dated 26.9.2023 passed by the ld. District and Sessions Judge, Bankura in connection with C.R. case no. 45 of 2022, which arose out of Misc. Case No. 47 of 2020 pending before the ld. JM, 4th Court, Bankura.

Ld. advocate for the petitioner submits that he has been saddled with an interim maintenance being awarded in favour of the o.p. to the tune of Rs.18,000/- per month which has been affirmed by the ld. Sessions Court/Revisional Court.

Ld. advocate submits that there has been total change of circumstances and the petitioner was unable to bring the same to the notice of the court.

To that extent, ld. advocate demonstrates regarding divorce having taken place after remarriage of the present petitioner and the liabilities arising therefrom.

However, the petitioner is always at liberty to take out an application under section 127 of the cr.p.c. In case, the petitioner takes out such application, in that case, the ld. JM, 4th Court, Bankura, would consider the same in accordance with law by affording necessary opportunities to both the sides.

Let such application be disposed of within a period of three months after appearance of all the parties. With the aforesaid observations, CRR 4919 of 2023 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.)