This judgment dismissed a revisional application filed by a wife challenging an order setting aside interim maintenance. The High Court adjourned the matter, noted no appearance, and held that the impugned order required no interference.
The revisional application is dismissed on merits; interim order, if any, stands vacated.
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13.06.2022 S/L No.12 KS
C.R.R. 2851 of 2015
Sangita Patra Vs. Santosh Patra & Anr.
The matter is listed today for hearing.
None appeared for the petitioner and for opposite party nos.1
and 2.
The petitioner/wife filed an application under Section 401/482 of the Code of Criminal Procedure assailing the order dated 30th April, 2015 passed by Learned Additional District & Sessions Judge, FTC – I, Howrah in Criminal Revision No.604 of 2014, arising out of the impugned order dated 25.07.2014 passed by Learned Judicial Magistrate, 5th Court, Howrah in connection with Misc. Case No.45 of 2014 under Section 125 of the Code of Criminal Procedure. By the impugned order, the Learned Additional Sessions Judge (F.T.C. – I), Howrah set aside the order dated 25.07.2014 whereby interim maintenance was allowed in favour of the petitioner in Misc. Case No.45 of 2014 and the revisionist/husband therein was directed to pay Rs.3,000/- per month for her minor daughter only towards interim maintenance as per order of the Learned Magistrate.
Being aggrieved by the order wife/petitioner has preferred this revisional application. The Administrative Notice was served upon the
2
petitioner and opposite party nos.1 and 2. The report be kept with the record.
Considering the impugned order, I find no illegality, irregularity or impropriety calling for any interference.
Accordingly, the revisional application is dismissed on its merit. Interim order, if any stands vacated.
Let a copy of this order be sent to the Court of the Learned Additional District & Sessions Judge, F.T.C. – I and also to Learned Judicial Magistrate, 5th Court, Howrah for information.
All parties shall act on the server copy of this order downloaded from the official website of this Court.
2 issues framed by the court
Whether the impugned order setting aside interim maintenance in a maintenance case warrants interference under Section 401/482 CrPC.
Whether the order dated 30th April 2015 in Criminal Revision No.604 of 2014 regarding interim maintenance for a minor daughter is flawed.
2 provisions across 1 enactments
Sangita Patra
Santosh Patra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
