Allowed a revision against the maintenance order passed by the Magistrate, granting the petitioner liberty to file documents before the lower court to show changed circumstances.
Liberty to file documents before the Trial Court to establish change of circumstances; CRR disposed of.
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03.03. 2022 item No.28 n.b. ct. no. 34 (Via video conference) CRR 1778 of 2018 Sri. Bablu Saha Vs.
Smt. Mamata Saha @ Mampi
Mr. Palash Mukherjee,
Ms. Sucheta Mitra
…..for the Petitioner
Mr. Snehansu Majunder …..for the opposite party
The revisional application was preferred challenging the judgement and order dated March 7, 2018 passed by the learned Additional Chief Jidicial Magistrate at Ranaghat, Nadia in Miscellaneous Case No.82 of 2017.
I find that the learned Magistrate after the evidence was over awarded maintenance of Rs.5000/- to the wife and Rs. 3000/to the minor son aggregating to a sum of Rs.8,000/- per month.
Learned advocate appearing for the petitioner submits that there are documents, which would expose the petitioner, as she is not entitled to any maintenance. However, learned advocate was unable to satisfy the court as to whether the said documents were placed before the Trial Court at the relevant point of time. Be that as it may, the petitioner would be at liberty to exhaust the statutory provisions before the learned Magistrate by filing necessary documents to show that there has been change of circumstances in connection with this case.
With the aforesaid observation, CRR 1778 of 2018 is disposed of.
2
All pending connected application, if any are consequently
disposed of.
Interim order, if any, is hereby vacated.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
Sri. Bablu Saha
Smt. Mamata Saha
Tirthankar Ghosh
As recorded by the court registry
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