This revisional application dismissed a challenge to a judicial magistrate's order refusing litigation costs but granting maintenance to the wife and minor son. The court found no ground for interference.
The revisional application was dismissed; pending applications disposed of; interim order vacated.
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3 11.2.2022 sb
CRR 2354 of 2018 (Via video conference)
In the matter of : Arpita Basu
…….Petitioner
None appears for the petitioner or for the State.
The revisional application was preferred challenging the order dated 26.6.2018 passed by the learned Judicial Magistrate, 5th Court, Howrah in Misc. Case No. 272 of 2014.
The grievance of the petitioner related to refusal of the learned Magistrate in granting litigation cost of Rs. 20,000/-.
I have perused the order passed by the learned Magistrate and I find that on a cumulative appreciation of whole of the evidence, the learned Magistrate was pleased to grant maintenance of Rs. 5,500/- per month to the wife and Rs. 6,500/per month to the minor son aggregating to sum of Rs. 12,000/-.
Learned Magistrate, in his order, has scrutinised each of the facts and arrived at his finding.
Having regard to the same, I am of the opinion that no interference can be called for, so far as the order of the learned Magistrate is concerned.
Accordingly, the revisional application being CRR 2354 of 2018 is dismissed.
Pending applications, if any, are consequently disposed of. Interim order, if any, is hereby vacated.
All parties are to act on the server copy of this order, duly obtained from the official website of this Court.
(Tirthankar Ghosh, J.)
2
1 issue framed by the court
Whether interference with the learned Magistrate's order refusing litigation cost and granting maintenance calls for revision.
Arpita Basu
State
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
