Dismissed

Ditesh Ch. Roy v. Nandita Karmakar Roy and Anr.

Calcutta HC8 Dec 2022CRR/183/2021

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What is this about?

In a revisional application concerning a maintenance order under Section 125 CrPC, the High Court declined to interfere with the magistrate's award of Rs. 10,000 per month to the wife and child, directing instead that arrears be paid and the execution case disposed of by February 2023.

What did the court decide?

Revisional application dismissed; maintenance order upheld; execution case to be disposed by February 2023.

Ditesh Ch. Roy Vs Nandita Karmakar Roy and Anr. — Maintenance and Alimony | Calcutta HC (2022)

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08.12.2022

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Item No.14 Ct.No.34 dc.

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IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

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C.R.R. 183 of 2021

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with

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CRAN 1 of 2021

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Ditesh Chandra Roy versus

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Nandita Karmakar Roy & Anr.

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In Re : An Application under Section 401 of the Code of Criminal Procedure.

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Mr. Prabir Majumder, Mr. Snehansu Majumder, Mr. Avisek Chatterjee ... For the Opposite Party No.1.

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The present revisional application was preferred with a prayer for staying of warrant of arrest issued on 17.02.2021 by learned Judicial Magistrate, 5^th Court, Krishnagar, Nadia in Execution Case No. 136 of 2020.

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The present revisional application is pending since January 2021. The records reflect that this revisional application appeared on 22.01.2021, 25.01.2021, 26.02.2021, 01.03.2021, 09.03.2021 and 06.04.2021, no effective steps have been taken on behalf of the petitioner to pursue the present revisional application. The subject-matter of this revisional application relates to a proceeding under Section 125 of the Code of Criminal Procedure wherein the learned Magistrate after assessing the evidence was pleased to direct the husband to pay a sum of Rs.6000/- per month to the wife and Rs.4000/- per month to the minor child aggregating to a sum of Rs.10,000/- per month.

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Having regard to the subject matter of the case relating to maintenance which is commensurate with the present day cost of living, I am not inclined to interfere with the order passed by the learned Judicial Magistrate, 5^th Court, Krishnagar, Nadia.

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So far as the execution case is concerned, the learned Magistrate would see that the arrears are paid, if not already paid, expeditiously dispose of the same by February 2023.

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With the aforesaid observations, the revisional application being CRR 183 of 2021 is disposed of.

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Pending connected application is consequently disposed of.

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All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Tirthankar Ghosh, J.)

Ditesh Ch. Roy v. Nandita Karmakar Roy and Anr.

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Ditesh Ch. Roy v. Nandita Karmakar Roy and Anr.

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