Basant Chouhan v. Jayanti Chowhan

16-08-2023 Court No.3 mg/3.

In The High Court At Calcutta Jalpaiguri Circuit Bench C.R.R. 26 of 2021 IA No. CRAN 1 of 2021 BASANT CHOUHAN Vs.

JAYANTI CHOWHAN Mr. Arijit Ghosh ... for the petitioner.

Delay is condoned.

Affidavit-of-service filed in Court be kept in the record.

The instant application if filed praying for modification/ reduction of the quantum of maintenance of Rs.5,000/- per month allowed by the Trial Court; the Additional Chief Judicial Magistrate, Alipurduar. Against the Order passed by the learned Additional Chief Judicial Magistrate, the petitioner/husband moved to the higher forum, that is the learned Additional District and Sessions Judge, Fast Track Court-1, Alipurduar who refused to interfere with the Order passed by the learned Additional Chief Judicial Magistrate, Alipurduar.

Learned Counsel appearing for the petitioner submitted that the quantum of maintenance should be reasonably reduced.

On perusal of the impugned Order passed by learned Additional Chief Judicial Magistrate, it appears that the learned trial Court considered the salary of the petitioner as Rs.27,260/-. The petitioner, as noted, is serving in the office of the Divisional Railway Manager, NF Railway at Alipurduar junction.

Considering all the circumstances and materials on record, the trial Court allowed maintenance at a consolidated rate of Rs.5,000/- per month.

In my considered opinion, the trial Court as well as the Additional District and Sessions Judge, Fast Track Court-1, Alipurduar did not commit any error in passing respective judgments. Quantum of maintenance is reasonably proper and demands no interference.

Accordingly, the instant revisional application stands disposed of.

(SUGATO MAJUMDAR, J.)