A revisional application challenging a maintenance order was disposed of by the High Court at Calcutta on account of complete change of circumstances and the inappropriateness of reviewing merits upon a significant passage of time. Inadvertent misprint in petitioner's name
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IN THE HIGH COURT AT CALCUTTA 25-07-2022 Criminal Revisional Jurisdiction Subha Item no.32 CRR 374 of 2005 Ct no.34
Smt. Gargi Banerjee & Anr. -versus-
The State of West Bengal & Anr.
Mr. Dattatreya Dutta Mr. Rahul Ganguly ..for the pettioners.
The present revisional application was preferred challenging the order dated 17.11.2004 wherein the then ld. S.D.J.M, Durgapur in Misc Case No. 73 of 2002 directed the opposite party/husband to pay a sum of Rs. Rs.1500/- per month to the wife and Rs.1000/- per month to the minor daughter.
The revisional application was preferred in the year 2005. The subject matter of challenge is of the year 2004. There has been complete change of circumstances including the cost index.
The petitioners would be at liberty to take out an appropriate application before the learned Magistrate under Section 127 of the Code of Criminal Procedure if so advised and express their grievances relating to the quantum so awarded and the minimum amount required for maintenance.
Needless to state that this court has not gone into the merits of the case because of the passage of time which has elapsed in the meantime and in case any subsequent orders during the pendency of the revisional application has been passed by the learned trial court,
2
the same should not be effected by the aforesaid order.
Accordingly, the revisional application being CRR 374 of 2005
is hereby 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]
Smt. Gargi Banerjee
The State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
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