This single line order disposed of a criminal revision against an interim maintenance order under CrPC Section 125. The court found no reason to interfere with the quantum awarded by the lower court after 36 months and dismissed the application.
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05.12.2022 S/L No.4
KS
C.R.R. 136 of 2021
With IA No. CRAN 1 of 2021 Sanjit Majumdar -Vs.The State of West Bengal & Anr.
Mr. Krishan Ray Mr. Apurba Ghosh …..For the O.P. No.2
The subject-matter of the revisional application was preferred challenging order dated 14th January, 2020 passed by the Learned Sessions Judge, Paschim Bardhaman, Asansol in connection with Criminal Revision No.72 of 2019 arising out of Misc. Case No.10263 of 2018 under Section 125 of the Code of Criminal Procedure.
Records reflect that being aggrieved by the quantum of interim maintenance so awarded by the Learned Magistrate, the wife/opposite party approached the Learned Sessions Judge invoking its revisional jurisdiction. The Learned Sessions Judge on an assessment of the materials available on record, at that stage directed the husband to pay a sum of Rs.11,000/- per month to the wife as interim maintenance.
I have considered the reasons so assigned by the Learned Sessions Court as also the time period which has elapsed in the meantime. Further the foundation of such quantum of maintenance was decided on the earning of the husband being Rs.44,000/-.
Having regard to the fact that 36 months have passed in the meantime, and the said order for interim maintenance was passed by
2
way of an interim measure during the pendency of the main application under Section 125 of the Code of Criminal Procedure, I do not find any reasons to interfere with the quantum of interim maintenance so awarded by the Learned Sessions Judge in its order dated 14th January, 2020.
Accordingly, C.R.R. 136 of 2021 is dismissed.
Pending applications, if any, are consequently disposed of.
All parties are directed to act on the server copy of this order downloaded from the official website of this Hon’ble Court.
(Tirthankar Ghosh, J.)
3 issues framed by the court
Whether the quantum of interim maintenance awarded by the Learned Sessions Judge should be interfered with in a revisional application filed 36 months after the order?
Whether the paying husband is liable to pay an enhanced interim maintenance in view of the passage of time since the order?
Whether the revisional application should be allowed or dismissed given the delay and the established precedent on interim maintenance?
1 provisions across 1 enactments
Sanjit Majumdar
The State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
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