In this revisional application filed under Sections 401 and 482 CrPC challenging an order granting monthly maintenance to the petitioner's wife, the court held the impugned order warrants no interference and dismissed the application without costs.
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25 21.09.2022 Ct. No. 236 rrc
CRR 3173 of 2008 In re : An application under Sections 401 and 482 of the Code of Criminal Procedure, 1973.
In the matter of : Indrajit @ Kartik Jana
….. petitioner
Mr. Amal Krishna Samanta
Mr. Bidyut Kumar Roy Ms. Rita Datta
Challenge in this revisional application is the order passed by the learned Judicial Magistrate, 3rd Court, Contai in a proceeding under Section 125 of the Code of Criminal Procedure granting a sum of Rs.800/- towards maintenance to the petitioner’s wife Smt. Durga Rani Jana.
From the attending facts of the case it is admitted that Smt. Durga Rani Jana is the legally married wife of the petitioner before this Court being Sri Indrajit @ Kartik Jana. There is no evidence to show that Smt. Durga Rani Jana, the opposite party no. 2 has means sufficient to maintain herself. The petitioner being the husband since has incurred the obligation to maintain his wife was directed to pay the said sum of Rs.800/- per month, which, in my opinion, in the year 2008, was neither penurious nor luxurious.
The impugned order warrants no interference. Consequently, the revisional application is dismissed, however, without costs.
Let a copy of the order be forwarded to the learned trial Court for information of this order.
(Siddhartha Roy Chowdhury, J.)
1 issue framed by the court
Whether the revisional application challenging the maintenance order granted to the petitioner's wife warrants interference.
3 provisions across 1 enactments
Indrajit @ Kartik Jana
Smt. Durga Rani Jana
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
