In a revisional application challenging an order directing maintenance arrears deposit, the Court held that changed circumstances precluded interference at this stage and disposed of the application accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
02-12-2022 Subha Item no.10 Ct no.34
IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction
CRR 335 of 2021 Amina Khatun -versus Samsul Haque & Anr.
Re : An application under Article 227 of the Constitution of India.
The present revisional application has been preferred against the order dated 17.12.2019 passed by the learned Additional Sessions Judge, Fast Track Court, Katwa, District Purba Bardhaman in Criminal Revision No. 136 of 2018.
The learned revisional court while passing such order was pleased to direct the husband to deposit all the arrears maintenance amount at the prevailing rate as it was before the passing of the final order in Misc. Case No. 40 of 2012 on 12.11.2003 within 20th January, 2020. The other directions included expeditious disposal of the case and the learned Magistrate to arrive at his finding without being influenced by any observations by the revisional court.
I find that the order was passed on 17th December, 2019, almost three years have passed in the meantime. The time period referred to therein are to be adhered to for the purposes of disposal of Misc. Execution Case Nos. 22 of 2014 and 23 of 2014.
Having regard to the fact that there are complete change of circumstances since the order was passed by the learned Additional District Judge, FTC Katwa in Criminal Revision No. 136 of 2018, I am
2
of the opinion that at this belated stage, there is no scope for interference.
Accordingly, the present revisional application being CRR 335 of 2021 is disposed of.
Pending applications, if any, are consequently disposed of.
All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court.
[Tirthankar Ghosh, J]
1 issue framed by the court
Whether Article 227 of the Constitution permits interference in a maintenance case where complete change of circumstances has occurred since the previous order.
1 provisions across 1 enactments
Amina Khatun
Samsul Haque
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
