The High Court at Calcutta enhanced interim maintenance for the minor daughter from Rs. 1000 to Rs. 4000 per month and directed the lower court to expedite trial.
Interim maintenance for minor daughter enhanced to Rs.4000/month; interim order vacated; direction to expedite trial.
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03.03.2022
Item No.30 Ct.No.34 dc.
IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION
C.R.R. 659 of 2019
with CRAN 1 of 2019 (Old No. CRAN 1067 of 2019) (Via Video Conference)
Smt. Pinki Guha Chowdhury nee Dutta Banik
versus
Sri Shib Prasad Guha Chowdhury & Anr.
In Re : An Application under Section 482 read with Sections 401 and 397 of the Code of Criminal Procedure, 1973 filed in connection with Case No. A.C.M. 618 of 2017 under Section 125 of the Code of Criminal Procedure.
Mr. Achin Jana, Mr. Suman Chakraborty … For the Petitioner.
The subject matter of challenge of this revisional application relates to an order dated 17.07.2018 passed by the learned Judicial Magistrate, 10th Court, Alipore wherein the learned court was pleased to award interim maintenance of Rs.2000/- per month for the wife/petitioner and Rs.1000/per month for the minor daughter.
Mr. Jana, learned advocate appearing for the petitioner submits that the daughter presently is studying in a school and the educational expenses along with the medical expenses are insufficient so far as the amount which has been awarded by the learned Magistrate.
In view of the aforesaid, I am of the opinion that so far as the quantum of award of interim maintenance for the minor daughter is concerned, the same should be enhanced to Rs.4000/- (rupees four thousand) per month which should be paid from the date of filing of the application.
2
The learned Magistrate is directed to expedite the progress of the trial of the case and conclude the same within a reasonable period of time.
With the aforesaid observations, the revisional application being CRR 659 of 2019 is disposed of.
Interim order, if any, is hereby vacated.
All pending connected applications, if any, are consequently disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)
2 issues framed by the court
Whether quantum of interim maintenance awarded to the minor daughter in Section 125 proceedings merits enhancement.
Whether the lower court was directed to expedite conclusion of civil matters pending within it.
3 provisions across 1 enactments
Smt. Pinki Guha Chowdhury nee Dutta Banik
Sri Shib Prasad Guha Chowdhury
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
